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African Development Bank Standard Bidding Document Goods (Two-Envelope Bidding Process) August 2020

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Page 1: STANDARD BIDDING DOCUMENTS · Web view2020/08/27  · 1 bidding document3 90Section VII - Schedule of Requirements Section VII Schedule of Requirements87 x iii Section I – Instructions

African Development Bank Standard Bidding Document

Goods(Two-Envelope Bidding Process)

August 2020

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This document is subject to copyright.

This document may be used and reproduced for non-commercial purposes only. Any commercial use, including without limitation reselling, charging to access, redistribute, or for derivative works such as unofficial translations based on this document is not allowed.

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Foreword

This Standard Bidding Document (SBD) for Goods has been prepared by the African Development Bank Group (AfDB). This SBD derives from the Master bidding document for the procurement of Goods, prepared by the participating Multilateral Development Banks and International Financing Institutions.

This SBD has been updated to reflect the African Development Bank’s Procurement Framework as amended from time to time. This SBD is applicable to the procurement of Goods funded by AfDB financed projects and whose Financing Agreement makes reference to the Procurement Framework.

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Preface

This Standard Bidding Document (SBD) is to be used for the procurement of goods through Open Competitive Bidding (International) (OCBI) or Limited Competitive Bidding (LCB) methods, using two (2) envelope bidding process in projects that are financed in whole, or in part, by the African Development Bank Group. This SBD is to be used when the Purchaser wishes to evaluate the technical responsiveness of Bids and the Bidders’ qualifications before opening the priced Bids. Separate SBD for goods using one (1) envelope process is also available where bids containing the technical and price information in one envelope are opened at the same time.

This SBD provides a wide range of Bid Evaluation criteria or factors in addition to the quoted prices enabling the Purchaser to select and specify factors as appropriate based on the type, nature, value, time for completion, contractual conditions, complexity, risk, and market conditions of Goods and Related Services to be procured and objectives and outcomes to be achieved. Criteria other than ‘Price’ (which may consider Life-Cycle-Cost, when appropriate), may include ‘Quality’ to compare and assess the degree to which Goods and Related service meet or exceed the technical and other requirements, ‘Risk’ and its mitigation measures, and when permitted ‘Sustainability’ to address social, economic and environmental aspects, ‘Innovation’ to assess innovation in the design and/or delivery of Goods and Related Services, etc. Only such criteria as appropriate for each procurement will be specified.

Bank’s procurement policy supports Borrowers in obtaining optimal value for money in procurement. To achieve this objective, appropriate approach that would be the best ‘fit for purpose” is critical. Depending upon the nature, type, value, complexity and outcome to be achieved, procurement may adopt price alone as a factor for selection e.g. for very small value and simple procurement, or other relevant factors besides price can be considered to determine the evaluated cost of a bid for large value and complex procurement. Bank recommends that as far as practical minimum pass-fail, and monetarily quantifiable criteria shall be adopted for evaluation of bids in the determination of the lowest evaluated bid and for evaluation of the qualification of Bidders to determine their technical capability and financial resources to perform the contract which will result in achieving the “Most Economically Advantageous Tender (MEAT)”. This approach avoids subjectivity in evaluation and provides greater transparency.

However, there may be some exceptional situations where for comparison of Bids or Bidders, certain factors cannot be quantified in monetary terms or there may be a need for assessment beyond the pass-fail criteria. For example, the particular nature of procurement or specifications or certain aspects of procurement which cannot be précised, or outputs cannot be accurately measured e.g. complex procurement involving innovative, aesthetic, sustainability aspects, etc. (although in most cases sustainability can be verified for compliance on pass-fail criteria and comparison among bids can be based on monetarily quantifiable criteria). In such cases, to determine “MEAT”, a merit point rated criteria/scoring system may need to be adopted for evaluation of Bids and /or Bidders. This SBD is primarily based

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on application of pass-fail and monetarily quantifiable criteria for procurement of goods. However, it makes provisions to adapt if necessary, the rated criteria/system when justified only after the approval of the Bank.

The concept of MEAT has been explained in the Bank’s Operations Procurement Manual (OPM) under Annex D4 of Part A, Volume 3. MEAT based on rated criteria/system enables the contracting authority to use bid evaluation criteria to reflect qualitative, technical, and sustainability aspects of a tender in addition to price when reaching an award decision. Annex D5 of the Bank’s OPM under Part A, Volume 3 further explains ‘Merit Point Scoring Bid Evaluation Procedure’. Borrowers shall keep such guidance in view in adopting the rated/scoring system.

If rating system is allowed, to ensure integrity of the process, the financial part of all bids shall be deposited with an independent entity that has no direct or indirect interest in the procurement in question until evaluation of the technical part of bids has been completed.

The Bank’s Procurement Framework stipulates that bidders may send copies of their communications with the Borrowers to the Bank or write to the Bank directly when, Borrowers do not respond promptly, any questions on any issues regarding the implementation of Bank funded projects, or when the communication is a complaint against the Borrower. In this regard, if a bidder wishes to protest against a decision made by a Borrower or the Bank with regards to the procurement process or wishes to inform the Bank that the Bank’s procurement rules and/or provisions of the bidding documents have not been complied with, an email can be sent to the following address:

Email: [email protected]

To obtain further information on procurement under African Development Bank-funded projects or for question regarding the use of this SBD, contact:

Fiduciary Services & Inspection Department (SNFI)African Development Bank (www.afdb.org) Headquarters – Abidjan (Côte d'Ivoire)5 Avenue Joseph Anoma01 B.P. 1387, Abidjan 01Côte d'IvoireTel.: +225 - 20 26 39 00E-mail: [email protected]

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Standard Bidding DocumentSummary

Specific Procurement Notice - Invitation for Bids (IFB)The template attached is the Specific Procurement Notice for Invitation for Bids, two-envelope Bidding process. This is the template to be used by the Borrower.SBD for Procurement of Goods (Two-Envelope Bidding Process)

Part 1 – Bidding ProceduresSection I - Instructions to Bidders (ITB)

This Section provides information to help Bidders prepare their Bids. It is based on a two-envelope (2) Bidding process. Information is also provided on the submission, opening, and evaluation of Bids and on the award of Contracts. Section I contains provisions that are to be used without modification.

Section II - Bid Data Sheet (BDS)This Section includes provisions that are specific to each procurement and that supplement Section I, Instructions to Bidders.

Section III -Evaluation and Qualification CriteriaThis Section specifies the criteria for evaluation of Bids and qualification of Bidders to perform the contract to determine the successful Bidder or Bidders that are substantially responsive to the bidding document and whose Bid (s) offer the lowest evaluated cost to the Purchaser or offer the Most Economically Advantageous Tender as per rated criteria (MEAT), if the latter criteria is justified and agreed with the Bank. Throughout the SBD, wherever there is a reference to “MEAT’, whether it is stated or not, it shall be understood that the evaluation is as per application of rated criteria i.e. based on ‘Merit Point Scoring Bid Evaluation Procedure’. Only such criteria as appropriate for each procurement will be specified.

Section IV -Bidding FormsThis Section includes the forms for the Bid submission, Price Schedules, Bid Security, and the Manufacturer’s Authorization to be completed and submitted by the Bidder as part of its Bid.

Section V - Eligible CountriesThis Section contains information regarding eligible countries.

Section VI -Fraud and Corruption This section includes the Fraud and Corruption provisions which apply to this Bidding process.

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Part 2 – Supply RequirementsSection VII - Schedule of Requirements

This Section includes the List of Goods and Related Services, the Delivery and Completion Schedules, the Technical Specifications and the Drawings that describe the Goods and Related Services to be procured.

Part 3 – Conditions of Contract and Contract FormsSection VIII - General Conditions of Contract (GCC)

This Section includes the general clauses to be applied in all contracts. The text of the clauses in this Section shall not be modified.

Section IX -Special Conditions of Contract (SCC)This Section consists of Contract Data and Specific Provisions which contains clauses specific to each contract. The contents of this Section modify or supplement, but not over-write, the General Conditions and shall be prepared by the Purchaser.

Section X - Contract FormsThis Section contains the Letter of Acceptance, Contract Agreement and other relevant forms.

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Specific Procurement NoticeTemplate_________________________________________________________________

Invitation for Bids [IFB]Goods

(Two-Envelope Bidding Process)

IFB Number: [specify a number to identify this notice]Purchaser: [insert the name of the Purchaser’s agency]Project: [insert name of project]Contract title: [insert the name of the contract]Country: [insert country where IFB is issued]Loan No. / Grant No.: [insert reference number for loan/credit/grant]Procurement Method: Open Competitive Bidding (International) (OCBI)/(LCB)OCBI No: [insert OCBI reference number from Procurement Plan]Issued on: [insert date when IFB is issued to the market]

1. The [insert name of Borrower/Beneficiary/Recipient] [has received/has applied for/intends to apply for] financing from the [Specify the name of the Bank] hereinafter called the Bank toward the cost of the [insert name of project or grant], and intends to apply part of the proceeds toward payments under the contract1for [insert title of contract]2. [Insert if applicable: “For this contract, the Borrower shall process the payments using the Direct Payment disbursement method, as defined in the Bank’s Disbursement Guidelines and procedures for Investment Project Financing, except for those payments, which the contract provides to be made through letter of credit.”]

2. The [insert name of implementing agency] now invites sealed Bids from eligible Bidders for [insert brief description of Goods required, including

1 Substitute “contracts” where Bids are called concurrently for multiple contracts. Add a new para. 3 and renumber paras 3 - 8 as follows: “Bidders may Bid for one or more Items, Lots or Packages, as applicable and, as further defined in the bidding document. Bidders wishing to offer discounts in case they are awarded more than one Items, Lots or Packages as applicable will be allowed to do so, provided those discounts are included in the Letter of Bid.”

2 Insert if applicable: “This contract will be jointly financed by [insert name of co-financing agency]. Bidding process will be governed by the Bank’s Procurement Framework (modify if governing procurement process of co-financing agency will apply).”

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quantities, location, delivery period, margin of preference if applicable, etc.]3.

3. Bidding will be conducted through the Open Competitive Bidding (International), (OCBI) method as specified in the Bank’s Procurement Framework2 [insert correct title and date of applicable Procurement Framework as per legal agreement], and is open to all eligible bidders as defined in the Procurement Framework.

4. Interested eligible Bidders may obtain further information from [insert name of implementing agency, insert name and e-mail of officer in charge] and inspect the bidding document during office hours [insert office hours if applicable i.e. 0900 to 1700 hours] at the address given below [state address at the end of this IFB] 4.

5. The bidding document in [insert name of language] may be purchased by interested eligible Bidders upon the submission of a written application to the address below and upon payment of a nonrefundable fee5 of [insert amount in Borrower’s currency or in a convertible currency]. The method of payment will be [insert method of payment].6 The document will be sent by [insert delivery procedure].7

6. Bids must be delivered to the address below [state address at the end of this IFB]8 on or before [insert time and date]. Electronic Bidding will [will not] be permitted. Late Bids will be rejected. The outer Bid envelopes marked “ORIGINAL BID”, and the inner envelopes marked “TECHNICAL PART” will be publicly opened in the presence of the Bidders’ designated representatives and anyone who chooses to attend, at the address below [state address at the end of this IFB] on [insert time and date here]. All envelopes marked “SECOND ENVELOPE: FINANCIAL PART” shall remain unopened and will be held in safe custody of the Purchaser until the second public opening. [Select either or both i) or ii) below and delete the other if retained only one]

i) The Purchaser shall publish a notice of the public opening of the Financial Parts on its website number [Specify the website number]

ii) Any interested party who wishes to attend the public opening of the Financial Parts may contact the officer named under paragraph 4 above and at the address given under paragraph 9 below [Change, if different] and may request to be notified of the location, date and time of the public opening of Financial Parts. The interested party(ies) will be notified by the Purchaser of the date, time and place of opening

3 A brief description of the type(s) of Goods should be provided, including quantities, location of Project, delivery/ construction period, application of margin of preference and other information necessary to enable potential Bidders to decide whether or not to respond to the Invitation for Bids. bidding document may require Bidders to have specific experience or capabilities; such qualification requirements should also be included in this paragraph.

4 The office for inquiry and issuance of bidding document and that for Bid submission may or may not be the same.5 The fee chargeable should only be nominal to defray reproduction and mailing costs.6 For example, cashier’s check, direct deposit to specified account number, etc.7 The delivery procedure is usually airmail for overseas delivery and surface mail or courier for local delivery. If urgency

or security dictates, courier services may be required for overseas delivery. With the agreement of the Bank, documents may be distributed by e-mail, downloading from authorized web site(s) or electronic procurement system

8 Substitute the address for Bid submission if it is different from address for inquiry and issuance of bidding document.

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of Financial Parts provided the request is received within 10 Business days before the deadline for submission of Bids containing Technical and Financial Parts, as stated in paragraph 6 above or any extension thereto.

7. All Bids must be accompanied by a [insert “Bid Security” or “Bid-Securing Declaration,” as appropriate] of [insert amount and currency in case of a Bid Security].

8. [Insert this paragraph if applicable in accordance with the Procurement Plan: “Attention is drawn to the Procurement Framework requiring the Borrower to disclose information on the successful bidder’s beneficial ownership, as part of the Contract Award Notice, using the Beneficial Ownership Disclosure Form as included in the bidding document.”]

9. The address(es) referred to above is (are): [insert detailed address(es)][Insert name of office][Insert name of officer and title][Insert postal address and/or street address, postal code, city and country][Insert telephone number, country and city codes][Insert facsimile number, country and city codes][Insert email address][Insert web site address]

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Standard Bidding Document(Two-Envelope Bidding

Process)[With Provisions for Evaluation Using

MEAT]

Procurement of: [insert identification of the Goods]

______________________________OCBI / LCB No: [insert reference number from Procurement Plan]Project: [insert name of project]Purchaser: [insert the name of the Purchaser’s agency]Country: [insert country where IFB is issued]Issued on: [insert date when IFB was issued to the market]

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Standard Bidding Document

Table of Contents

Part 1: Bidding Procedures.................................................................Section I - Instructions to Bidders..........................................................................Section II - Bid Data Sheet (BDS).........................................................................Section III - Evaluation and Qualification Criteria.................................................Section IV - Bidding Forms...................................................................................Section V - Eligible Countries.............................................................................114Section VI - Fraud and Corruption......................................................................117

Part 2 – Supply Requirements.........................................................121Section VII - Schedule of Requirements.............................................................123

Part 3 – Contract............................................................................133Section VIII - General Conditions of Contract.....................................................135Section IX - Special Conditions of Contract........................................................165Section X - Contract Forms................................................................................175

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Part 1 – Bidding Procedures

Part 1: Bidding Procedures

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Section I – Instructions to Bidders (ITB)

Section I - Instructions to BiddersTable of Contents

A. General.........................................................................................1. Scope of Bid.....................................................................................................2. Source of Funds.................................................................................................3. Fraud and Corruption.......................................................................................4. Eligible Bidders.................................................................................................5. Eligible Goods and Related Services..............................................................

B. Contents of the Bidding Document...............................................6. Sections of Bidding Document.......................................................................7. Clarification of the Bidding Document............................................................8. Amendment of Bidding Document.................................................................

C. Preparation of Bids......................................................................9. Cost of Bidding...............................................................................................10.Language of Bid.............................................................................................11.Documents comprising Bid.............................................................................12.Letters of Bid..................................................................................................13.Alternative Bids..............................................................................................14.Bid prices and Discounts................................................................................15.Currencies of Bid and Payment......................................................................16.Documents Establishing the Eligibility and Conformity of the Goods and

Related Services.............................................................................................17.Documents Establishing the Eligibility and Qualifications of the Bidder.........18.Period of Validity of Bids.................................................................................19.Bid Security....................................................................................................20.Format and Signing of Bid..............................................................................

D. Submission of Bids......................................................................21.Sealing and Marking of Bids...........................................................................22.Deadline for Submission of Bids.....................................................................23.Late Bids........................................................................................................24.Withdrawal, Substitution, and Modification of Bids........................................

E. Public Opening of Technical Parts of Bids.....................................25.Public Opening of Technical Parts of Bids.......................................................

F. Evaluation of Bids - General Provisions.......................................26. Confidentiality...............................................................................................27.Preliminary Examination................................................................................28. Clarification of Bids.......................................................................................29. Deviations, Reservations, and Omissions.....................................................30. Nonconformities, Errors and Omissions.........................................................

G. Evaluation of Technical Parts of Bids............................................31. Evaluation of Technical Parts........................................................................32. Determination of Responsiveness................................................................

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Section I – Instructions to Bidders (ITB)

33. Qualification of the Bidders..........................................................................

H. Public Opening of Financial Parts of Bids......................................34. Public Opening of Financial Parts.................................................................

I. Evaluation of Financial Parts of Bids............................................35. Evaluation of Financial Parts........................................................................36. Correction of Arithmetical Errors..................................................................37. Conversion to Single Currency.....................................................................38. Margin of Preference....................................................................................39. Comparison of Financial Parts......................................................................40. Successful Bid or Bids...................................................................................41. Purchaser’s Right to Accept Any Bid, and to Reject Any or All Bids..............42. Standstill Period............................................................................................43. Notification of Intention to Award.................................................................

J. Award of Contract........................................................................44. Award Criteria...............................................................................................45. Purchaser’s Right to Vary Quantities at Time of Award................................46. Notification of Award....................................................................................47. Debriefing by the Purchaser.........................................................................48. Signing of Contract.......................................................................................49. Performance Security...................................................................................50. Procurement Related Complaint...................................................................

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Section I – Instructions to Bidders (ITB)

A.General1. Scope of Bid1.1 In connection with the Specific Procurement Notice, Invitation for

Bids (IFB), specified in the Bid Data Sheet (BDS), the Purchaser, as specified in the BDS, issues this bidding document for the supply of Goods and, if applicable, any Related Services incidental thereto, as specified in Section VII, Schedule of Requirements. The name, identification and number of Items, lots or combination of lots (packages) of this IFB are specified in the BDS.

1.2 Throughout this bidding document:(a) the term “in writing” means communicated in written form

(e.g. by mail, e-mail, fax, including, if specified in the BDS, distributed or received through the electronic-procurement system used by the Purchaser), with proof of receipt;

(b) if the context so requires, “singular” means “plural” and vice versa; and

(c) “Day” means calendar day, unless otherwise specified as “Business Day”. A Business Day is any day that is an official working day of the Borrower. It excludes the Borrower’s official public holidays.

2. Source of Funds2.1 The Borrower or Recipient (hereinafter called “Borrower”)

specified in the BDS has applied for or received financing (hereinafter called “funds”) from the Specific Financing Institution named in the BDS (hereinafter called “the Bank”) in an amount specified in the BDS, toward the project named in the BDS. The Borrower intends to apply a portion of the funds to eligible payments under the contract for which this bidding document is issued.

2.2 Payment by the Bank will be made only at the request of the Borrower and upon approval by the Bank in accordance with the terms and conditions of the Loan (or other financing) Agreement. The Loan (or other financing) Agreement prohibits a withdrawal from the loan account for the purpose of any payment to persons or entities, or for any import of goods, if such payment or import is prohibited by a decision of the United Nations Security Council taken under Chapter VII of the Charter of the United Nations. No party other than the Borrower shall derive any rights from the Loan (or other financing) Agreement or have any claim to the proceeds of the Loan (or other financing).

3. Fraud and Corruption

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Section I – Instructions to Bidders (ITB)

3.1 The Bank requires compliance with the Bank’s Integrity Framework comprising the African Development Bank Group’s Sanctions Procedures, the Bank’s Whistleblowing and Complaints Policy, the Bank’s Procurement Policy under the Procurement Framework and any other applicable Policies and Procedures including their updates in regard to corrupt and fraudulent practices, as set forth in Section VI, Fraud and Corruption.

3.2 In further pursuance of this policy, bidders shall permit and shall cause their agents (where declared or not), subcontractors, subconsultants, service providers, suppliers, and their personnel, to permit the Bank to inspect all accounts, records and other documents relating to any prequalification process, bid submission, and contract performance (in the case of award), and to have them audited by auditors appointed by the Bank.

4. Eligible Bidders 4.1 A Bidder may be a firm that is a private entity, a state-owned

enterprise or institution (subject to ITB 4.6), or any combination of such entities in the form of a joint venture, consortium, or association (JVCA) hereinafter called JV, under an existing agreement or with the intent to enter into such an agreement supported by a letter of intent. In the case of a joint venture, consortium, or association (JV): a) Unless otherwise specified in the BDS, all members shall be jointly and severally liable for the execution of the entire Contract in accordance with the Contract terms; b) The JV shall nominate a Representative who shall have the authority to conduct all business for and on behalf of any and all the members of the JV during the Bidding process and, in the event the JV is awarded the Contract, during contract execution; c) The maximum number of members proposed in a JV shall not exceed the number specified in the BDS, or the number derived from the percentage specified under ITB 4.1 (d), whichever is smaller unless both are equal, in which case anyone shall apply; and d) Participation by value of the contract as share of each of the JV partner (member) shall not be less than the percentage specified in the BDS. In case of any inconsistency between ITB 4.1 c) and ITB 4.1 d) such that both cannot be applied simultaneously, the latter shall prevail.

4.2 A Bidder shall not have a conflict of interest. Any Bidder found to

have a conflict of interest shall be disqualified. A Bidder may be considered to have a conflict of interest for the purpose of this Bidding process, if the Bidder: (a) directly or indirectly controls, is controlled by or is under

common control with another Bidder; or (b) receives or has received any direct or indirect subsidy from

another Bidder; or

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Section I – Instructions to Bidders (ITB)

(c) has the same legal representative as another Bidder; or(d) has a relationship with another Bidder, directly or through

common third parties, that puts it in a position to influence the Bid of another Bidder, or influence the decisions of the Purchaser regarding this Bidding process; or

(e) or any of its affiliates participated as a consultant in the preparation of the design or technical specifications of the goods, or works if any, that are the subject of the Bid; or

(f) or any of its affiliates has been hired (or is proposed to be hired) by the Purchaser or Borrower for the Contract implementation; or

(g) would be providing goods, works, or non-consulting services resulting from or directly related to consulting services for the preparation or implementation of the project specified in the BDS reference ITB 2.1 (the name of the project), that it provided or were provided by any affiliate that directly or indirectly controls, is controlled by, or is under common control with that firm; or

(h) has a close business or family relationship with a professional staff of the Borrower (or of the project implementing agency, or of a recipient of a part of the loan) who: (i) are directly or indirectly involved in the preparation of the bidding document or specifications of the Contract, and/or the Bid evaluation process of such Contract; or (ii) would be involved in the implementation or supervision of such Contract unless the conflict stemming from such relationship has been resolved in a manner acceptable to the Bank throughout the Bidding process and execution of the Contract.

4.3 A firm that is a Bidder (either individually or as a JV member) shall not participate in more than one Bid, except for permitted alternative Bids. This includes participation as a subcontractor. Such participation shall result in the disqualification of all Bids in which the firm is involved. A firm that is not a Bidder or a JV member, may participate as a subcontractor in more than one Bid.

4.4 A Bidder and all parties constituting the Bidder including any subcontractors or suppliers shall have the nationality of an eligible country, of the Bank in accordance with the Bank’s Procurement Policy for the Bank Group Funded Operation described under the Bank’s Procurement Framework, and as listed in Section V, Eligible Countries, subject to the restrictions pursuant to ITB 4.8. A Bidder shall be deemed to have the nationality of a country if the Bidder is constituted, incorporated or registered in and operates in conformity with the provisions of the laws of that country, as evidenced by its articles of incorporation (or equivalent documents of constitution or association) and its registration documents, as the case may be. This criterion also shall apply to the determination of the nationality of proposed

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Section I – Instructions to Bidders (ITB)

subcontractors or subconsultants for any part of the Contract including related Services.

4.5 A Bidder that has been sanctioned by the Bank, pursuant to the Bank’s Integrity Framework and in accordance with its prevailing sanctions policies and procedures as set forth in the Bank’s Integrity Framework as described in Section VI paragraph 2.2 d. shall be ineligible to be prequalified for, bid for, or be awarded a Bank-financed contract or benefit from a Bank-financed contract, financially or otherwise, during such period of time as the Bank shall have determined. The list of debarred firms and individuals is available at the electronic address specified in the BDS.

4.6 Bidders that are state-owned enterprises or institutions in the Purchaser’s Country may be eligible to compete and be awarded a Contract(s) only if they can establish, in a manner acceptable to the Bank, that they (i) are legally and financially autonomous (ii) operate under commercial law, and (iii) are not under supervision of the Purchaser.

4.7 A Bidder shall not be under suspension from Bidding by the Purchaser as the result of the operation of a Bid–Securing Declaration.

4.8 Firms and individuals may be ineligible if so indicated in Section V, Eligible Countries, and:

(a) as a matter of law or official regulations, the Borrower’s country prohibits commercial relations with that country, provided that the Bank is satisfied that such exclusion does not preclude effective competition for the supply of goods or the contracting of works or services required; or

(b) by an act of compliance with a decision of the United Nations Security Council taken under Chapter VII of the Charter of the United Nations, the Borrower’s country prohibits any import of goods or contracting of works or services from that country, or any payments to any country, person, or entity in that country.

4.9 A Bidder shall provide such documentary evidence of eligibility satisfactory to the Purchaser, as the Purchaser shall reasonably request.

4.10 In case a prequalification process has been conducted prior to the bidding process, this bidding is open only to prequalified Bidders.

4.11 A firm that is under a sanction of debarment by the Borrower from being awarded a contract is eligible to participate in this

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procurement, unless the Bank, at the Borrower’s request, is satisfied that the debarment; (a) relates to fraud or corruption; and (b) followed a judicial or administrative proceeding that afforded

the firm adequate due process.

5. Eligible Goods and Related Services5.1 All the Goods and Related Services to be supplied under the

Contract and financed by the Bank shall have their country of origin in an eligible country of the Bank in accordance with the Bank’s Procurement Policy for the Bank Group Funded Operations described under the Bank’s Procurement Framework, and as listed in Section V, Eligible Countries.

5.2 For purposes of this ITB, the term “goods” includes commodities, raw material, machinery, equipment, and industrial plants; and “related services” include services such as insurance, installation, training, and initial maintenance.

5.3 The term “origin” means the country where the goods have been mined, grown, cultivated, produced, manufactured or processed; or, through manufacture, processing, or assembly, another commercially recognized article results that differs substantially in its basic characteristics from its components.

5.4 The nationality of the firm that produces, assembles, distributes, or sells the Goods shall not determine their origin.

B. Contents of the Bidding Document

6. Sections of Bidding Document6.1 The bidding document consist of Parts 1, 2, and 3, which include

all the sections indicated below, and should be read in conjunction with any addenda issued in accordance with ITB 8.

PART 1: Bidding Procedures• Section I - Instructions to Bidders (ITB)• Section II - Bidding Data Sheet (BDS)• Section III - Evaluation and Qualification Criteria• Section IV - Bidding Forms• Section V - Eligible Countries• Section VI - Fraud and Corruption

PART 2: Supply Requirements• Section VII - Schedule of Requirements

PART 3: Contract

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• Section VIII - General Conditions of Contract • Section IX - Special Conditions of Contract • Section X - Contract Forms

6.2 The Specific Procurement Notice - Invitation for Bids (IFB) issued by the Purchaser is not part of this bidding document.

6.3 Unless obtained directly from the Purchaser, the Purchaser is not responsible for the completeness of the document, responses to requests for clarification, the Minutes of the pre-Bid meeting (if any), or addenda to the bidding document in accordance with ITB 8. In case of any contradiction, documents obtained directly from the Purchaser shall prevail.

6.4 The Bidder is expected to examine all instructions, forms, terms, and specifications in the bidding document and to furnish with its Bid all information or documentation as is required by the bidding document.

7. Clarification of the Bidding Document7.1 A Bidder requiring any clarification of the bidding document shall

contact the Purchaser in writing at the Purchaser’s address specified in the BDS. The Purchaser will respond in writing to any request for clarification, provided that such request is received prior to the deadline for submission of Bids within a period specified in the BDS. The Purchaser shall forward copies of its response to all Bidders who have acquired the bidding document in accordance with ITB 6.3, including a description of the inquiry but without identifying its source. If so specified in the BDS, the Purchaser shall also promptly publish its response at the web page identified in the BDS. Should the clarification result in changes to the essential elements of the bidding document, the Purchaser shall amend the bidding document following the procedure under ITB 8 and ITB 22.2.

8. Amendment of Bidding Document8.1 At any time prior to the deadline for submission of Bids, the

Purchaser may amend the bidding document by issuing addenda.

8.2 Any addendum issued shall be part of the bidding document and shall be communicated in writing to all who have obtained the bidding document from the Purchaser in accordance with ITB 6.3. The Purchaser shall also promptly publish the addendum on the Purchaser’s web page in accordance with ITB 7.1.

8.3 To give prospective Bidders reasonable time in which to take an addendum into account in preparing their Bids, the Purchaser

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may, at its discretion, extend the deadline for the submission of Bids, pursuant to ITB 22.2.

C. Preparation of Bids

9. Cost of Bidding9.1 The Bidder shall bear all costs associated with the preparation

and submission of its Bid, and the Purchaser shall not be responsible or liable for those costs, regardless of the conduct or outcome of the Bidding process.

10. Language of Bid10.1 The Bid, as well as all correspondence and documents relating to

the Bid exchanged by the Bidder and the Purchaser, shall be written in the language specified in the BDS. Supporting documents and printed literature that are part of the Bid may be in another language provided they are accompanied by an accurate translation of the relevant passages into the language specified in the BDS, in which case, for purposes of interpretation of the Bid, such translation shall govern.

11. Documents comprising Bid11.1 The Bid shall comprise two Parts, namely the Technical Part and

the Financial Part. These two Parts shall be submitted simultaneously in two separate sealed envelopes (two-envelope Bidding process). One envelope shall contain only information relating to the Technical Part and the other, only information relating to the Financial Part. These two envelopes shall be enclosed in a separate sealed outer envelope marked “ORIGINAL BID”.

11.2 The Technical Part shall contain the following. (a) Letter of Bid - Technical Part: prepared in accordance with

ITB 12;(b) Bid Security or Bid-Securing Declaration: in accordance with

ITB 19.1-- Appendix C to Technical Part;(c) Technical Bid of Base Bid -- Appendix A to Technical Part; (d) Commercial Terms and Conditions -- Appendix D to Technical

Part;(e) Technical Bid for Alternative Bid -- Appendix A to Technical

Part: if permissible in accordance with ITB 13, the Technical Part of any Alternative Bid;

(f) Authorization: written confirmation authorizing the signatory of the Bid to commit the Bidder, in accordance with ITB 20.3;

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(g) Bidder’s Eligibility: documentary evidence in accordance with ITB 17 establishing the Bidder’s eligibility to Bid;

(h) Qualifications: documentary evidence in accordance with ITB 17 establishing the Bidder’s qualifications to perform the Contract if its Bid is accepted -- Appendix B to Technical Part;

(i) Eligibility of Goods and Related Services: documentary evidence in accordance with ITB 16, establishing the eligibility of the Goods and Related Services to be supplied by the Bidder;

(j) Conformity: documentary evidence in accordance with ITB 16, and ITB 30, and in support of above sub-paragraphs (c) and (d) of ITB 11.2, as necessary to establish that the offered Goods and Related Services, and Terms and conditions of the Bid conform to the requirements and provisions of the bidding document;

(k) Manufacturer’s Authorization in accordance with ITB 17.2(a) -- Appendix B to Technical Part; and

(l) any other document required in the BDS.

11.3 The Financial Part envelope shall contain the following:(a) Letter of Bid – Financial Part: prepared in accordance with

ITB 12 and ITB 14;(b) Price Schedules—Appendix E to Financial Part: completed in

accordance with ITB 12 and ITB 14;(c) Alternative Bid – Appendix E to Financial Part; if permissible

in accordance with ITB 13, the Financial Part of any Alternative Bid; and

(d) any other document required in the BDS.

11.4 The Technical Part shall not include any financial information related to the Bid price. Where material financial information related to the Bid price is contained in the Technical Part the Bid shall be declared non-responsive.

11.5 In addition to the requirements under ITB 11.1, Bids submitted by a JV shall include a copy of the Joint Venture Agreement entered into by all members. Alternatively, a letter of intent to execute a Joint Venture Agreement in the event of a successful Bid shall be signed by all members and submitted with the Bid, together with a copy of the proposed Agreement.

11.6 The Bidder shall furnish in the Letter of Bid information on commissions and gratuities, if any, paid or to be paid to agents or any other party relating to this Bid.

11.7 Section IV includes certain Bidding Forms as applicable for both Technical Part and Financial Part of Bids. It is essential that Bidders submit all required documents and information specified in: (a) ITB 11.2 and ITB 11.3 regardless whether or not Section IV

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includes all corresponding Bidding forms for every information or document required; (b) Section IV—"Bidding Forms” without any alterations or changes in accordance with ITB 12.1; and (c) accordance with the correctly identified “Technical Part” and “Financial Part” without any mix-up of documentation or information between them (e.g. a Financial Form containing price information submitted with the Technical Part which would result in rejection of the Bid as per ITB 11.4 or a critically important document or essential information is not submitted with the Technical Part e.g. written authorization to commit the Bid again resulting in rejection of the Bid as the Bidder shall neither be asked nor permitted to provide for clarification or submission of such missing document after bid submission deadline with due regards to provisions under ITB 28, etc.). Bids failing to comply with the above instructions under (a), (b) or (c) shall risk rejection.

12. Letters of Bid 12.1.The Bidder shall prepare the Letter of Bid – Technical Part, and Letter

of Bid – Financial Part using the relevant forms furnished in Section IV, Bidding Forms. The forms must be completed without any alterations to the text, and no substitutes shall be accepted except as provided under ITB 20.3. All blank spaces shall be filled in with the information requested.

13. Alternative Bids13.1.Unless otherwise specified in the BDS, Alternative Bids shall not be

considered.

14. Bid prices and Discounts14.1 The prices and discounts quoted by the Bidder in the Letter of Bid -

Financial Part and in the Price Schedules shall conform to the requirements specified below.

14.2 All lots (contracts) and items must be listed and priced separately in the Price Schedules.

14.3 The price to be quoted in the Letter of Bid - Financial Part, in accordance with ITB 12.1 shall be the total price of the Bid, excluding any discounts offered.

14.4 The Bidder shall quote any discounts and indicate the methodology for their application in the Letter of Bid - Financial Part, in accordance with ITB 12.1, ITB 14.6 and 14.7.

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14.5 Prices quoted by the Bidder shall be fixed during the Bidder’s performance of the Contract and not subject to variation on any account, unless otherwise specified in the BDS. A Bid submitted with an adjustable price basis shall be treated as nonresponsive and shall be rejected, pursuant to ITB 32. However, if in accordance with the BDS, prices quoted by the Bidder shall be subject to adjustment during the performance of the Contract, a Bid submitted with a fixed price quotation shall not be rejected, but the price adjustment shall be treated as zero.

14.6 In accordance with ITB 1.1, Bids are being invited for individual Items, Individual lots (contracts) or for any combination of lots (packages) as specified in the BDS. Unless otherwise specified in the BDS, prices quoted shall correspond to 100% of the quantity for each individual item (if bids are invited for individual items), 100% of the items specified for each lot and to 100% of the quantities specified for each item of a lot (if bids are invited for individual lots and combination of lots). Bidders wishing to offer discounts for the award of more than one individual item (of bids invited for individual items), for the award of more than one lot (of bids invited for individual lots or combination of lots) shall specify in their Bid the price reductions as applicable, to each item, to each individual lot, and to the combination of lots (package), as applicable or alternatively, to individual Contracts within the package provided that in all cases how discounts will be applied to individual items is made clear. Discounts shall be submitted in accordance with ITB 14.4 and ITB 14.6 with due regards to consequences of unclear or ambiguous discounts as per ITB 14.7 provided that the Bids for all lots (contracts) are opened at the same time.

14.7 Discounts offered shall be clear and without any vagueness or ambiguity as no clarification shall be requested or permitted on this account after Bid submission. The Purchaser’s decision on discounts will be based on the contents of the Bid itself, without recourse to any extrinsic evidence. If in the Purchaser’s opinion, which will be final, a discount offered in the bid: (i) is unclear, ambiguous or vaguely presented to such extent that it cannot be either interpreted or applied with reasonable accuracy, the Bid shall be rejected; (ii) has minor discrepancy or unclarity which could be interpreted reasonably, the Purchaser may decide to apply the discount as it deems reasonable and appropriate resulting in the lowest evaluated cost to the Purchaser. If the Bidder does not accept Purchaser’s decision, the Bid shall be rejected.

14.8 The terms EXW, CIP, and other similar terms shall be governed by the rules prescribed in the current edition of Incoterms, published by the International Chamber of Commerce, as specified in the BDS.

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14.9 Prices shall be quoted as specified in each Price Schedule included in Section IV, Bidding Forms as mentioned under (a), (b), (c) and (d) below. For a specific item of Goods only one Price Schedule shall be used as per applicable classification of that item i.e. whether the item is manufactured and offered within the Purchaser’s country or to be imported pursuant to the award of contract or previously imported. No changes in the offered Price Schedule or classification shall be permitted after bid opening. Failure to follow these instructions may result in rejection of bids. The disaggregation of price components is required solely for the purpose of facilitating the comparison of Bids by the Purchaser. This shall not in any way limit the Purchaser’s right to contract on any of the terms offered e.g. instead of taking delivery at the final destination, the delivery may be taken at ex-works or at the destination. Similarly, if bids have been invited on CIP destination price in addition to other terms e.g. FOB or FCA, etc. then at the Purchaser’s option, the award may be made on such other terms instead of CIP Price although comparison and evaluation of bids shall still be based on CIP final destination prices.. In quoting prices, the Bidder shall be free to use transportation through carriers registered in any eligible country, in accordance with Bank’s Procurement Framework and as listed in Section V, Eligible Countries. Similarly, the Bidder may obtain insurance services from any eligible country in accordance with Bank’s Procurement Framework and as listed in Section V, Eligible Countries. BDS indicates if the “Final Destination” (project site) is different from the “Destination” and their addresses. Prices shall be entered in Price Schedules accordingly and in the following manner:

(a) For Goods manufactured in the Purchaser’s Country:

(i) the price of the Goods quoted EXW (ex-works, ex-factory, ex warehouse, ex showroom, or off-the-shelf, as applicable), including all customs duties and sales and other taxes already paid or payable on the components and raw material used in the manufacture or assembly of the Goods;

(ii) any Purchaser’s Country sales tax and other taxes which will be payable on the Goods if the Contract is awarded to the Bidder; and

(iii) the price for inland transportation, insurance, and other local services required to convey the Goods to their final destination (Project Site) specified in the BDS.

(b) For Goods manufactured outside the Purchaser’s Country, to be imported:

(i) the price of the Goods, quoted CIP named place of destination, in the Purchaser’s Country, as specified in the BDS; If “final destination” is the same as “destination”

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then CIP price under columns 6 and 7 of the Price Schedule form applicable for Goods to be imported shall be quoted for named place of final destination;

(ii) the price for inland transportation, insurance, and other local services required to convey the Goods from the named place of destination to their final destination (Project Site) specified in the BDS If named place of “final destination” is the same as “destination” then cost under (b) (ii) shall not be indicated under column 8 of the Price Schedule form applicable for Goods to be imported and will state “Not Applicable”. But instead, CIP final destination price quoted as per (b) (i) above shall include such costs;

(c) For Goods manufactured outside the Purchaser’s Country, already imported:

(i) the price of the Goods, including the original import value of the Goods; plus any mark-up (or rebate); plus any other related local cost, and custom duties and other import taxes already paid or to be paid on the Goods already imported.

(ii) the custom duties and other import taxes already paid (need to be supported with documentary evidence) or to be paid on the Goods already imported;

(iii) the price of the Goods, obtained as the difference between (i) and (ii) above;

(iv) any Purchaser’s Country sales and other taxes which will be payable on the Goods if the Contract is awarded to the Bidder; and

(v) the price for inland transportation, insurance, and other local services required to convey the Goods to their final destination (Project Site) specified in the BDS.

(d) For Related Services, other than inland transportation and other services required to convey the Goods to their final destination, whenever such Related Services are specified in the Schedule of Requirements, the price of each item comprising the Related Services (inclusive of any applicable taxes).

15. Currencies of Bid and Payment15.1 The currency(ies) of the Bid and the currency(ies) of payments shall

be the same. The Bidder shall quote in the currency of the Purchaser’s Country the portion of the Bid price that corresponds to expenditures incurred in the currency of the Purchaser’s country, unless otherwise specified in the BDS.

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15.2 The Bidder may express the Bid price in any currency. If the Bidder wishes to be paid in a combination of amounts in different currencies, it may quote its price accordingly but shall use no more than three foreign currencies in addition to the currency of the Purchaser’s Country.

16. Documents Establishing the Eligibility and Conformity of the Goods and Related Services

16.1 To establish the eligibility of the Goods and Related Services in accordance with ITB 5, Bidders shall complete the country of origin declarations in the Price Schedule Forms, included in Section IV, Bidding Forms.

16.2 To establish the conformity of the Goods and Related Services to the bidding document, the Bidder shall furnish as part of its Bid the documentary evidence that the Goods conform to the technical specifications and standards specified in Section VII, Schedule of Requirements.

16.3 The documentary evidence may be in the form of literature, drawings or data, and shall consist of a detailed item by item description of the essential technical and performance characteristics of the Goods and Related Services, demonstrating substantial responsiveness of the Goods and Related Services to the technical specification, and if applicable, a statement of deviations and exceptions to the provisions of the Section VII, Schedule of Requirements.

16.4 The Bidder shall also furnish a list giving full particulars, including available sources and current prices of spare parts, special tools, etc., necessary for the proper and continuing functioning of the Goods during the period specified in the BDS following commencement of the use of the goods by the Purchaser.

16.5 Standards for workmanship, process, material, and equipment, as well as references to brand names or catalogue numbers specified by the Purchaser in the Schedule of Requirements, are intended to be descriptive only and not restrictive. The Bidder may offer other standards of quality, brand names, and/or catalogue numbers, provided that it demonstrates, to the Purchaser’s satisfaction, that the substitutions ensure substantial equivalence or are superior to those specified in the Section VII, Schedule of Requirements.

17. Documents Establishing the Eligibility and Qualifications of the Bidder

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17.1 To establish Bidder’s eligibility in accordance with ITB 4, Bidders shall complete the Letter of Bid – Technical Part, included in Section IV, Bidding Forms.

17.2 The documentary evidence of the Bidder’s qualifications to perform the Contract, if its Bid is accepted, shall establish to the Purchaser’s satisfaction:

(a) that, if required in the BDS, a Bidder that does not manufacture or produce the Goods it offers to supply shall submit the Manufacturer’s Authorization using the form included in Section IV, Bidding Forms to demonstrate that it has been duly authorized by the manufacturer or producer of the Goods to supply these Goods in the Purchaser’s Country;

(b) that, if required in the BDS, in case of a Bidder not doing business within the Purchaser’s Country, the Bidder is or will be (if awarded the Contract) represented by an Agent in the country equipped and able to carry out the Supplier’s maintenance, repair and spare parts-stocking obligations prescribed in the Conditions of Contract and/or Technical Specifications; and

(c) that the Bidder meets each of the qualification criterion specified in Section III, Evaluation and Qualification Criteria.

18. Period of Validity of Bids

18.1.Bids shall remain valid for the Bid Validity period specified in the BDS. The Bid Validity period starts from the date fixed for the Bid submission deadline (as prescribed by the Purchaser in accordance with ITB 22.1). A Bid valid for a shorter period shall be rejected by the Purchaser as nonresponsive.

18.2.In exceptional circumstances, prior to the expiration of the Bid validity period, the Purchaser may request Bidders to extend the period of validity of their Bids. The request and the responses shall be made in writing. If a Bid Security is requested (in accordance with ITB 19), it shall also be extended for a corresponding period. A Bidder may refuse the request without forfeiting its Bid Security. A Bidder granting the request shall not be required or permitted to modify its Bid, except as provided in ITB 18.3.

18.3.If the award is delayed by a period exceeding fifty-six (56) days beyond the expiry of the initial Bid validity period, the Contract price shall be determined as follows:

(a) In the case of fixed price contracts, the Contract price shall be

the Bid price adjusted by the factor specified in the BDS to reflect any increase in the cost of inputs over the period

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starting from the date immediately after expiry of 56 days until the date of award;

(b) In the case of adjustable price contracts, no adjustment shall be made; and

(c) In any case, Bid evaluation shall be based on the Bid price without taking into consideration the applicable correction from those indicated above.

19. Bid Security19.1.The Bidder shall furnish, as part of the Technical Part of its Bid, either

a Bid-Securing Declaration or a Bid Security amount, as specified in the BDS, in original form and, in the case of a Bid security amount, in the amount and currency specified in the BDS.

19.2.A Bid Securing Declaration shall use the form included in Section IV, Bidding Forms.

19.3. If a Bid Security amount is specified pursuant to ITB 19.1, the Bid security shall be a demand guarantee in any of the following forms at the Bidder’s option:

(a) an unconditional guarantee issued by a bank or non-bank financial institution (such as an insurance, bonding or surety company);

(b) an irrevocable letter of credit;(c) a cashier’s or certified check; or(d) another security specified in the BDS,

It shall be obtained from a reputable source from an eligible country. If an unconditional guarantee is issued by a non-bank financial institution located outside the Purchaser’s Country the issuing non-bank financial institution shall have a correspondent financial institution located in the Purchaser’s Country to make it enforceable unless the Purchaser has agreed in writing, prior to Bid submission, that a correspondent financial institution is not required. In the case of a bank guarantee, the Bid security shall be submitted either using the Bid Security Form included in Section IV, Bidding Forms, or in another substantially similar format approved by the Purchaser prior to Bid submission. The Bid security shall be valid for twenty-eight (28) days beyond the original validity period of the Bid, or beyond any period of extension if requested under ITB 18.2.

19.4.If a Bid Security in an amount or Bid Securing Declaration is specified pursuant to ITB 19.1, any Bid not accompanied by a substantially responsive Bid Security in amount or Bid-Securing Declaration, whichever is required shall be rejected by the Purchaser as non-responsive.

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19.5.If a Bid Security is specified pursuant to ITB 19.1, the Bid Security of unsuccessful Bidders shall be returned as promptly as possible upon the successful Bidder’s signing the contract and furnishing the Performance Security pursuant to ITB 49.

19.6.The Bid Security of the successful Bidder shall be returned as promptly as possible once the successful Bidder has signed the Contract and furnished the required performance security.

19.7.The Bid Security amount may be forfeited:(a) if a Bidder withdraws its Bid during the period of Bid validity

specified by the Bidder in the Letter of Bid – Technical Part and repeated in the Letter of Bid - Financial Part, or any extension thereto provided by the Bidder; or

(b) if the successful Bidder fails to: (i) sign the Contract in accordance with ITB 48; or (ii) furnish a performance security in accordance with ITB

49.

19.8.The Bid Security amount or Bid-Securing Declaration of a JV must be in the name of the JV that submits the Bid. If the JV has not been legally constituted into a legally enforceable JV at the time of Bidding, the Bid security amount or Bid-Securing Declaration shall be in the names of all future members as named in the letter of intent referred to in ITB 4.1 and ITB 11.2.

19.9.If a Bid Security Declaration is required in the BDS, pursuant to ITB 19.1, and(a) if a Bidder withdraws its Bid during the period of Bid validity

specified by the Bidder on the Letter of Bid – Technical Part and repeated in the Letter of Bid - Financial Part, or

(b) if the successful Bidder fails to: sign the Contract in accordance with ITB 48; or furnish a performance security in accordance with ITB 49;

the Borrower may execute the Bid Securing Declaration as provided for in the BDS, declare the Bidder ineligible to be awarded a contract by the Purchaser for a period of time as stated in the BDS.

20. Format and Signing of Bid20.1 The Bidder shall prepare the Bid, in accordance with ITB 11 and

ITB 21.

20.2 Bidders shall mark as “CONFIDENTIAL” information in their Bids which is confidential to their business. This may include

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proprietary information, trade secrets, or commercial or financially sensitive information.

20.3 The original and all copies of the Bid shall be typed or written in indelible ink and shall be signed by a person duly authorized to sign on behalf of the Bidder. This authorization shall consist of a written confirmation as specified in the BDS and shall be attached to the Bid. The name and position held by each person signing the authorization must be typed or printed below the signature. All pages of the Bid where entries or amendments have been made shall be signed or initialed by the person signing the Bid.

20.4 In case the Bidder is a JV, the Bid shall be signed by an authorized representative of the JV on behalf of the JV, and so as to be legally binding on all the members as evidenced by a power of attorney signed by their legally authorized representatives.

20.5 Any inter-lineation, erasures, or overwriting shall be valid only if they are signed or initialed by the person signing the Bid.

D. Submission of Bids21. Sealing and Marking of Bids 21.1 The Bidder shall deliver the Bid in two separate, sealed envelopes

(the Technical Part and the Financial Part). These two envelopes shall be enclosed in a sealed outer envelope marked “ORIGINAL BID”.

21.2 In addition, the Bidder shall submit copies of the Bid in the number specified in the BDS. Copies of the Technical Part shall be placed in a separate sealed envelope marked “COPIES: TECHNICAL PART”. Copies of the Financial Part shall be placed in a separate sealed envelope marked “COPIES: FINANCIAL PART”. The Bidder shall place both of these envelopes in a separate, sealed outer envelope marked “BID COPIES”. In the event of any discrepancy between the original and the copies, the original shall prevail. If alternative Bids are permitted in accordance with ITB 13, the alternative Bids shall be submitted as follows: the original of the alternative Bid Technical Part shall be placed in a sealed envelope marked “ALTERNATIVE BID – TECHNICAL PART” and the Financial Part shall be placed in a sealed envelope marked “ALTERNATIVE BID – FINANCIAL PART” and these two separate sealed envelopes then enclosed within a sealed outer envelope marked “ALTERNATIVE BID – ORIGINAL”, the copies of the alternative Bid will be placed in separate sealed envelopes marked “ALTERNATIVE BID – COPIES OF TECHNICAL PART”, and “ALTERNATIVE BID – COPIES OF FINANCIAL PART” and enclosed in a separate sealed outer envelope marked “ALTERNATIVE BID - COPIES”

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21.3 The envelopes marked “ORIGINAL BID” and “BID COPIES” (and, if appropriate, a third envelope marked “ALTERNATIVE BID”) shall be enclosed in a separate sealed outer envelope for submission to the Purchaser.

21.4 All inner and outer envelopes, shall:(a) bear the name and address of the Bidder;(b) be addressed to the Purchaser in accordance with ITB 22.1;(c) bear the specific identification of this Bidding process

indicated in ITB 1.1; and(d) bear a warning not to open before the time and date for Bid

opening.

21.5 If all envelopes are not sealed and marked as required, the Purchaser will assume no responsibility for the misplacement or premature opening of the Bid.

22. Deadline for Submission of Bids22.1.Bids must be received by the Purchaser at the address and no

later than the date and time specified in the BDS. When so specified in the BDS, Bidders shall have the option of submitting their Bids electronically. Bidders submitting Bids electronically shall follow the electronic Bid submission procedures specified in the BDS.

22.2.The Purchaser may, at its discretion, extend the deadline for the submission of Bids by amending the bidding document in accordance with ITB 8, in which case all rights and obligations of the Purchaser and Bidders previously subject to the deadline shall thereafter be subject to the deadline as extended.

23. Late Bids23.1.The Purchaser shall not consider any Bid that arrives after the

deadline for submission of Bids, in accordance with ITB 23. Any Bid received by the Purchaser after the deadline for submission of Bids shall be declared late, rejected, and returned unopened to the Bidder.

24. Withdrawal, Substitution, and Modification of Bids 24.1.A Bidder may withdraw, substitute, or modify its Bid after it has

been submitted by sending a written notice, duly signed by an authorized representative, and shall include a copy of the

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authorization (the power of attorney) in accordance with ITB 20.3, (except that withdrawal notices do not require copies). The corresponding substitution or modification of the Bid must accompany the respective written notice. All notices must be:

(a)prepared and submitted in accordance with ITB 20 and ITB 21 (except that withdrawal notices do not require copies), and in addition, the respective envelopes shall be clearly marked “WITHDRAWAL,” “SUBSTITUTION,” or “MODIFICATION;” and

(b)received by the Purchaser prior to the deadline prescribed for submission of Bids, in accordance with ITB 22.

24.2.Bids requested to be withdrawn in accordance with ITB 24.1 shall be returned unopened to the Bidders.

24.3.No Bid may be withdrawn, substituted, or modified in the interval between the deadline for submission of Bids and the expiration of the period of Bid validity specified by the Bidder on the Letter of Bid-Technical Part and repeated in the Letter of Bid - Financial Part, or any extension thereof.

E. Public Opening of Technical Parts of Bids25. Public Opening of Technical Parts of Bids 25.1.Except as in the cases specified in ITB 23 and ITB 24.2, the

Purchaser shall, at this Bid opening, publicly open and read out, in accordance with this ITB, all bids, “TECHNICAL PART” only, received by the deadline at the date, time and place specified in the BDS in the presence of Bidders’ designated representatives and anyone who chooses to attend. Any specific electronic Bid opening procedures required if electronic Bidding is permitted in accordance with ITB 22.1, shall be as specified in the BDS.

25.2.First, the written notice of withdrawal in the envelopes marked “WITHDRAWAL” shall be opened and read out and the envelope with the corresponding Bid shall not be opened, but returned to the Bidder. If the withdrawal envelope does not contain a copy of the “power of attorney” confirming the signature as a person duly authorized to sign on behalf of the Bidder, the corresponding Bid will be opened. No Bid withdrawal shall be permitted unless the corresponding withdrawal notice contains a valid authorization to request the withdrawal and is read out at Bid opening.

25.3.Next, envelopes marked “SUBSTITUTION” “TECHNICAL PART” shall be opened and read out and exchanged with the corresponding Bid being substituted, and the substituted Bid shall not be opened, but returned to the Bidder. No Bid substitution shall be permitted unless the corresponding substitution notice

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contains a valid authorization to request the substitution and is read out at Bid opening.

25.4.Next, envelopes marked “MODIFICATION” “TECHNICAL PART” shall be opened and read out with the corresponding Bid “TECHNICAL PART” of the Bid. No Bid modification shall be permitted unless the corresponding modification notice contains a valid authorization to request the modification and is read out at Bid opening. Only Bids that are opened and read out at Bid opening shall be considered further.

25.5.Next, all other envelopes marked “TECHNICAL PART” shall be opened one at a time. All envelopes marked “FINANCIAL PART” shall remain sealed, and kept by the Purchaser in safe custody [if rated criteria is used for MEAT, the “FINANCIAL PART” shall be kept by an independent entity that has no direct or indirect interest in the procurement in question] until they are opened, at a later public opening, following the evaluation of the Technical Part of the Bids. On opening the envelopes marked “TECHNICAL PART” the Purchaser shall read out: the name of the Bidder and whether there is a modification; and Alternative Bid, the presence or absence of a Bid Security, if required and any other details as the Purchaser may consider appropriate.

25.6.Only Technical Parts of Bids and Alternative Bid - Technical Parts that are read out at Bid opening shall be considered further in the evaluation. The Letter of Bid – Technical Part and the separate sealed envelope marked “FINANCIAL PART” are to be initialed by representatives of the Purchaser attending Bid opening in the manner specified in the BDS.

25.7.At the Bid opening the Purchaser shall neither discuss the merits of any Bid nor reject any Bid (except for late Bids, in accordance with ITB 23.1).

25.8.Following the opening of the Technical Parts of the Bid the Purchaser shall prepare a record that shall include, as a minimum: (a)the name of the Bidder and whether there is a withdrawal,

substitution, or modification;(b)the presence or absence of a duly sealed envelope marked

“FINANCIAL PART”; (c) the presence or absence of a Bid Security or Bid-Securing

Declaration; and(d)if applicable, any Alternative Bid - Technical Part;

25.9.The Bidders’ representatives who are present shall be requested to sign the record. The omission of a Bidder’s signature on the record shall not invalidate the contents and effect of the record. A copy of the record shall be distributed to all Bidders.

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F. Evaluation of Bids - General Provisions26. Confidentiality26.1 Information relating to the evaluation of Bids and

recommendation of contract award, shall not be disclosed to Bidders, or any other persons not officially concerned with the Bidding process, until after the Purchaser transmits to all Bidders the Notification of Intention to Award the Contract in accordance with ITB 43.1.

26.2 Any effort by a Bidder to influence the Purchaser in the evaluation or contract award decisions may result in the rejection of its Bid.

26.3 Notwithstanding ITB 26.2, from the time of Bid opening to the time of Contract Award, if any Bidder wishes to contact the Purchaser on any matter related to the Bidding process, it should do so in writing.

27. Preliminary Examination 27.1 Prior to the detailed evaluation, pursuant to ITB 35, the Purchaser

will conduct preliminary examination of ‘Technical Part” all bids that have been received by the deadline for bid submission and opened at public bid opening as the first step towards determination of their substantial responsiveness to the bidding document. The Purchaser’s determination of a bid’s responsiveness is to be based on the contents of the bid itself, as defined in ITB 11 without recourse to extrinsic evidence.

27.2 The Purchaser will verify and examine bids to determine whether they are complete, properly signed to bind the bidder, meet eligibility requirements of bidders, goods and services, bidders have no conflict of interest and have provided required bid validity, bid security or bid security declaration, as required and other essential documents to complete the evaluation, and whether the bids are generally in order. Subject to ITB 28, Bids failing to meet the above requirements shall be rejected and not retained for further review.

28. Clarification of Bids28.1 To assist in the examination, evaluation, comparison of the Bids,

and qualification of the Bidders, the Purchaser may, at its discretion, ask any Bidder for a clarification of its Bid. Any clarification submitted by a Bidder in respect to its Bid and that is not in response to a request by the Purchaser shall not be considered. The Purchaser’s request for clarification and the

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response shall be in writing. No change, including any voluntary increase or decrease, in the prices or substance of the Bid shall be sought, offered, or permitted, except to confirm the correction of arithmetic errors discovered by the Purchaser in the Evaluation of the Bids, in accordance with ITB 36.

28.2 If a Bidder does not provide clarifications of its Bid by the date and time set in the Purchaser’s request for clarification, its Bid may be rejected.

29. Deviations, Reservations, and Omissions29.1 During the evaluation of Bids, the following definitions apply:

(a)“Deviation” is a departure from the requirements specified in the bidding document;

(b)“Reservation” is the setting of limiting conditions or withholding from complete acceptance of the requirements specified in the bidding document; and

(c) “Omission” is the failure to submit part or all of the information or documentation required in the bidding document.

30. Nonconformities, Errors and Omissions 30.1 Provided that a Bid is substantially responsive, the Purchaser may

waive any nonconformities in the Bid.

30.2 Provided that a Bid is substantially responsive, the Purchaser may request that the Bidder submit the necessary information or documentation, within a reasonable period of time, to rectify nonmaterial nonconformities or omissions in the Bid related to documentation requirements. Such omission shall not be related to any aspect of the price of the Bid. Failure of the Bidder to comply with the request may result in the rejection of its Bid.

30.3 Provided that a Bid is substantially responsive, the Purchaser shall rectify quantifiable nonmaterial nonconformities related to the Bid Price. To this effect, the Bid Price shall be adjusted, for comparison purposes only, to reflect the price of a missing or non-conforming item or component, and costs associated if any, with non-material deviations, reservations or omissions to the requirements of the bidding document in the manner specified in the BDS.

G. Evaluation of Technical Parts of Bids

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31. Evaluation of Technical Parts 31.1 The Purchaser shall carry out further detailed evaluation of the

Technical Parts of each Bid that was not rejected as per ITB 27 and ITB 28. The Purchaser shall use the criteria and methodologies listed in ITB 16, ITB 17, ITB 32, the BDS, if applicable, and Section III, Evaluation and Qualification Criteria. No other evaluation criteria or methodologies shall be permitted.

32. Determination of Responsiveness 32.1 The Purchaser’s determination of a Bid’s responsiveness is to be

based on the contents of the Bid itself, as defined in ITB 11.

32.2 A substantially responsive Bid is one that meets the requirements of the bidding document without material deviation, reservation, or omission. A material deviation, reservation, or omission is one that: (a) if accepted, would:

(i) affect in any substantial way the scope, quality, or performance of the Goods and Related Services specified in the Contract; or

(ii) limit in any substantial way, inconsistent with the bidding document, the Purchaser’s rights or the Bidder’s obligations under the Contract; or

(b)if rectified, would unfairly affect the competitive position of other Bidders presenting substantially responsive Bids.

32.3 The Purchaser shall examine the technical aspects of the Bid in accordance with ITB 16 and ITB 17, ITB 31, ITB 32, the BDS if applicable, and Section III, Evaluation and Qualification Criteria in particular, to confirm that all requirements of Section VII, Schedule of Requirements and technical specifications have been met without any material deviation or reservation, or omission. To this end, in consideration of materiality of any deviations, reservations or omissions, Bids failing to meet the mandatory technical requirements or minimum pass-fail technical criteria or failing to substantially meet any other technical requirements of the bidding document will be rejected.

32.4 The Purchaser shall similarly examine the commercial aspects of the bids including any deviations, other than technical specifications, submitted in response to the provisions of the bidding document, to determine if they conform to the terms and conditions of the draft contract and other documents included in the bidding document without any material deviation, reservation or omission, and establishment of materiality in such aspects will similarly risk rejection of the Bids.

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32.5 If a Bid is not substantially responsive to the requirements of bidding document, it shall be rejected by the Purchaser and may not subsequently be made responsive by correction of the material deviation, reservation, or omission. All other bids determined substantially responsive will be retained for further evaluation.

32.6 When the criteria for Bid Evaluation include certain scoring criteria either alone or in combination with pass-fail criteria agreed with the Bank and specified under ITB 35 of the BDS, and in Section III, to determine the Most Economically Advantageous Tender as per rated criteria (MEAT), all Bids determined substantially responsive pursuant to ITB 32.5 will be scored as per such scoring criteria including any additional scoring criteria under ITB 33.5, for evaluation of Bidder’s qualifications, if applicable. If the scoring criteria specifies one or more minimum passing scores for different aspects of the Bid e.g. a minimum passing score for Bidder’s qualification and another minimum passing score for technical quality and other aspects and/or a minimum overall passing score for all the above aspects, Bids failing to achieve any one of the minimum passing score shall be rejected. In such case all Bids that achieve or exceed all minimum passing scores will be retained for financial evaluation and opening of their second envelope containing “Financial Part”. If the scoring criteria does not specify any minimum passing score, all Bids determined substantially responsive pursuant to ITB 32.5 and scored will be retained for financial evaluation and opening of their second envelopes containing “Financial Part”. Technical scores against each criteria and sub-criterion including scores for Bidder’s qualification, if applicable, and the total score of each Bid will be recorded in the technical evaluation report of the Purchaser.

32.7 Financial Part of the Bids will not be opened until technical evaluation as described above has been completed and Bank’s no-objection when required has been obtained. If however, the Financial Part is opened without completing the Technical evaluation, there shall be no alternative but to reject all Bids and no further review of evaluation will be undertaken.

33. Qualification of the Bidders33.1 The Purchaser shall determine, to its satisfaction, whether all

eligible Bidder or Bidders, whose Bids, Technical Parts have been determined to be substantially responsive in accordance with ITB 32, substantially meet the minimum Qualification Criteria specified in Section III, Evaluation and Qualification Criteria. To this end, the Purchaser will determine for which Items, Lots and Packages, and their combinations, as the case may be, for which

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Bidder submitted bid, it substantially meets the respective minimum qualification criteria.

33.2 The determination shall be based upon an examination of the documentary evidence of the Bidder’s qualifications submitted by the Bidder, pursuant to ITB 17. The determination shall not take into consideration the qualifications of other firms such as the Bidder’s subsidiaries, parent entities, affiliates, subcontractors (other than specialized subcontractors if permitted in the bidding document), or any other firm (s) different from the Bidder.

33.3 If a Bidder does not substantially meet the minimum qualifying criteria specified in Section III, Evaluation and Qualification Criteria, its Bid shall be rejected by the Purchaser and may not subsequently be made responsive by correction of the material deviation, reservation, or omission.

33.4 The Purchaser reserves the right to waive minor deviations from the qualification criteria if they do not materially affect the technical capability and financial resources of the Bidder to perform the Contract or combination of Contracts.

33.5 If the Bidder’s evaluation of qualification is based on certain scoring criteria as per ITB 35 and Section III Evaluation and Qualification Criteria, in addition to or in conjunction with the scoring criteria for other aspects of the Bid mentioned under ITB 32.6, for determination of Most Economically Advantageous Tender as per rated criteria, then qualification of all Bidders who substantially meet the minimum qualification criteria and submitted substantially responsive Bids will be further evaluated as per such scoring criteria. Minimum passing scores wherever specified in the scoring criteria will be addressed as mentioned under ITB 32.6. Scores so obtained will be added to the technical score of the respective Bids under ITB 32.6 unless such criteria are already evaluated as part of ITB 32.6 in conjunction with other scoring criteria.

33.6 Only Bids that are both substantially responsive to the bidding document and offered by Bidders who substantially meet required Qualification Criteria shall have their envelopes marked “SECOND ENVELOPE: FINANCIAL PART” opened at the second public opening.

33.7 In accordance with ITB 33.1 and 33.6, the Purchaser shall

prepare the list of item (s), Lot (s) and Package (s), and their combinations as the case may be, for which each Bid has been determined substantially responsive and qualified.

H. Public Opening of Financial Parts of Bids

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34. Public Opening of Financial Parts34.1 Following the completion of the evaluation of the Technical Parts

of the Bids, and the Bank has issued its no objection (if applicable), the Purchaser shall notify in writing those Bidders who have failed to meet the Qualification Criteria and/or whose Bids were considered non-responsive to the requirements in the bidding document, advising them of the following information:(a)the grounds on which their Technical Part of Bid failed to meet

the requirements of the bidding document;(b)their envelope marked “FINANCIAL PART” will be returned to

them unopened after the completion of the bid evaluation process and the signing of the Contract;

(c) notify them of the date, time and location of the public opening of the envelopes marked ‘FINANCIAL PART”.

34.2 The Purchaser shall, simultaneously, notify in writing those Bidders whose Technical Parts have been evaluated as substantially responsive to the bidding document and met the Qualification Criteria, advising them of the following information:

(a)their Bid has been evaluated as substantially responsive to the bidding document and met the Qualification Criteria including Items, Lots and Packages, and their combinations, as the case may be, for which they have been qualified;

(b)In case of point system of scoring for evaluation and award based on Most Economically Advantageous Tender, as per rated criteria, Bidder’s technical score (total and for each criterion and sub-criterion);

(c) their envelope marked “FINANCIAL PART” will be opened at the public opening of Financial Parts; and

(d)notify them of the date, time and location of the public opening of the envelopes marked “FINANCIAL PART” as specified in the BDS.

34.3 The opening date should allow Bidders sufficient time to make arrangements for attending the opening. The Financial Part of the Bid shall be opened publicly in the presence of Bidders’ designated representatives and anyone who chooses to attend.

34.4 At this public opening the Financial Parts will be opened by the Purchaser in the presence of Bidders, or their designated representatives and anyone else who chooses to attend. Bidders who met the Qualification Criteria and whose Bids were evaluated as substantially responsive will have their envelopes marked “FINANCIAL PART” opened at the second public opening. Each of these envelopes marked “FINANCIAL PART” shall be inspected to confirm that they have remained sealed and unopened. These

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envelopes shall then be opened by the Purchaser. The Purchaser shall read out the names of each Bidder, and the total Bid prices, per item, and/or per lot (contract) as applicable, including any discounts and Alternative Bid - Financial Part, and any other details as the Purchaser may consider appropriate.

34.5 In case point system of technical scoring is adopted for evaluation and award based on Most Economically Advantageous Tender as per rated criteria, the Purchaser shall read out the technical score (total score and score for each criterion and sub-criterion) secured by each Bidder in addition to what has been stated under ITB 34.4

34.6 Only envelopes of Financial Part of Bids, Financial Parts of Alternative Bids and discounts that are opened and read out at Bid opening shall be considered further for evaluation. The Letter of Bid - Financial Part and the Price Schedules are to be initialed by a representative of the Purchaser attending the Bid opening in the manner specified in the BDS.

34.7 The Purchaser shall neither discuss the merits of any Bid nor reject any envelopes marked “SECOND ENVELOPE: FINANCIAL PART”.

34.8 The Purchaser shall prepare a record of the Financial Part of the Bid opening that shall include, as a minimum: (a) the name of the Bidder whose Financial Part was opened; (b) the Bid price, per Item, and/or per lot (contract) as applicable,

including any discounts, (c) if applicable, any Alternative Bid - Financial Part.

34.9 The Bidders whose envelopes marked “SECOND ENVELOPE: FINANCIAL PART” have been opened or their representatives who are present shall be requested to sign the record. The omission of a Bidder’s signature on the record shall not invalidate the contents and effect of the record. A copy of the record shall be distributed to all Bidders.

I. Evaluation of Financial Parts of Bids

35. Evaluation of Financial Parts35.1 The Purchaser shall determine completeness and substantial

responsiveness of the Financial Part of the Bid in particular with reference to ITB 14 and ITB 35. In determining substantial responsiveness, an item not listed and not priced will be treated as not included in the Bid i.e. as missing in spite of its description given in Bid’s Technical Part, if any. Provided that the Bid is determined substantially responsive notwithstanding this

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omission, the average or the highest price of the item as specified in the ITB 30.3 of the BDS quoted by substantially responsive Bidders will be added to the Bid price and the equivalent total cost of the Bid so determined will be used for price comparison. A Bid determined not substantially responsive to the Financial Part shall be rejected. To further evaluate the Financial Part of each substantially responsive Bid, the Purchaser shall consider the following factors with respect to the Base Bid and Alternative Bid (s) (if the latter is permitted in the BDS), in accordance with the criteria and methodology described in Section III—Evaluation and Qualification Criteria:

(a)evaluation will be done for Items or Lots (contracts), or combination of Lots (Packages) as specified in the BDS; and the Bid Price as quoted in accordance with ITB 14;

(b)price adjustment for correction of arithmetic errors in accordance with ITB 36.1;

(c) price adjustment due to discounts offered in accordance with ITB 12.1, ITB 14.4, ITB 14.6 and ITB 14.7;

(d)converting the amount resulting from applying (a) to (c) above, if relevant, to a single currency in accordance with ITB 37;

(e)price adjustment due to quantifiable nonmaterial nonconformities in accordance with ITB 30.3;

(f) the additional evaluation factors specified in the BDS if any, and Section III, Evaluation and Qualification Criteria; and

(g) price adjustment due to application of Margin of Preference, if applicable, as per ITB 38, BDS and Section III, Evaluation and Qualification Criteria.

35.2 The estimated effect of the price adjustment provisions of the Conditions of Contract, applied over the period of execution of the Contract, shall not be taken into account in Bid evaluation.

35.3 If this bidding document allows Bidders to quote separate prices for different lots (contracts), the methodology to determine the lowest evaluated cost of the lot (contract) combinations, including any discounts offered in the Letter of Bid - Financial Part, is specified in Section III, Evaluation and Qualification Criteria.

35.4 The Purchaser’s evaluation of a Bid will exclude and not take into account:

(a) in the case of Goods manufactured in the Purchaser’s Country, sales and other similar taxes, which will be payable on the goods if a contract is awarded to the Bidder;

(b)in the case of Goods manufactured outside the Purchaser’s Country, already imported or to be imported, customs duties and other import taxes levied on the imported Good, sales and

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other similar taxes, which will be payable on the Goods if the contract is awarded to the Bidder;

35.5 The Purchaser’s evaluation of a Bid may require the consideration of other factors, in addition to the Bid price quoted in accordance with ITB 14. These factors may be related to the characteristics, performance, and terms and conditions of purchase of the Goods and Related Services. The effect of the factors selected, if any, shall be expressed in monetary terms to facilitate comparison of Bids, unless otherwise specified in the BDS from amongst those set out in Section III, Evaluation and Qualification Criteria. The criteria and methodologies to be used shall be as specified in ITB 35.1 (f).

36. Correction of Arithmetical Errors36.1 In evaluating the Financial Part of each Bid, the Purchaser shall

correct arithmetical errors on the following basis:

(a) if there is a discrepancy between the unit price and the line item total that is obtained by multiplying the unit price by the quantity, the unit price shall prevail and the line item total shall be corrected, unless in the opinion of the Purchaser there is an obvious misplacement of the decimal point in the unit price, in which case the line item total as quoted shall govern and the unit price shall be corrected;

(b)if there is an error in a total corresponding to the addition or subtraction of subtotals, the subtotals shall prevail and the total shall be corrected; and

(c) if there is a discrepancy between words and figures, the amount in words shall prevail, unless the amount expressed in words is related to an arithmetic error, in which case the amount in figures shall prevail subject to (a) and (b) above.

36.2 Bidders shall be requested to accept correction of arithmetical errors. Failure to accept the correction in accordance with ITB 36.1 and ITB 36.2, shall result in the rejection of the Bid.

37. Conversion to Single Currency37.1 For evaluation and comparison purposes, the currency(ies) of the

Bids shall be converted in a single currency as specified in the BDS.

38. Margin of Preference38.1 Unless otherwise specified in the BDS, no margin of domestic or

regional preference shall apply. If a margin of preference applies,

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the application methodology shall be as specified in Section III, Evaluation and Qualification Criteria, and in accordance with the provisions stipulated in the Bank’s Procurement Framework.

39. Comparison of Financial Parts39.1 The Purchaser shall compare the evaluated costs of the Bids to

determine the Bid that has the lowest evaluated cost. The comparison shall be on the basis of CIP (place of final destination) prices for goods to be imported and prices for delivery to final destination for goods already imported less the custom duties and other import taxes already paid or to be paid on such goods (need to be supported with documentary evidence) and EXW prices, plus cost of inland transportation and insurance to place of final destination, for goods manufactured within the Borrower’s country, together with prices for any required installation, training, commissioning and other services as per price schedules included in Section IV. The evaluation of prices shall not take into account custom duties and other taxes levied on imported goods (to be imported or already imported) and sales and similar taxes levied in connection with the sale or delivery of goods.

40. Successful Bid or Bids40.1 After the determination, as above, of substantial responsiveness

of Technical and Financial Parts of the Bids and qualification of Bidders to the requirements in the bidding document, and comparison of evaluated costs of Bids, [and when evaluation is permitted under MEAT procedure, by comparison among Bids, the technical quality and specifications of Goods and Related Services offered and among Bidders their qualifications, by a pass-fail or a scoring criteria or combination thereof], the Purchaser shall determine the “Successful Bid or Bids” as per the criteria described in Section III. Such Bid or Bids would be those which has/have been determined to:

(a)be substantially responsive to the bidding document;(b)offer the lowest evaluated total cost [or when permitted, Most

Economically Advantageous Tender] to the Purchaser for all items to be procured based on either a single Contract or all multiple Contracts combined, as the case may be, in accordance with the ITB 14.6 inviting bid prices and discounts, and provisions made in the Bidding Document for evaluation of bids and award of contract (s); and

(c) be offered by Bidder or Bidders that substantially meet the qualification criteria applicable for Contract or combination of Contracts for which they are selected.

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Since the determination in accordance with paragraphs (a) and (c) above would have been completed prior to the review of the Financial Part, the final selection of the successful Bidder (s) shall be based on the outcome under the paragraph (b) above.

41. Purchaser’s Right to Accept Any Bid, and to Reject Any or All Bids

41.1 The Purchaser reserves the right to accept or reject any Bid, and to annul the Bidding process and reject all Bids at any time prior to Contract Award, without thereby incurring any liability to Bidders. In case of annulment, all Bids submitted and specifically, Bid securities, shall be promptly returned to the Bidders.

42. Standstill Period42.1 The Contract shall not be awarded earlier than the expiry of the

Standstill Period. The Standstill Period shall be ten (10) Business Days unless extended in accordance with ITB 47. The Standstill Period commences the day after the date the Purchaser has transmitted to each Bidder the Notification of Intention to Award the Contract. Where only one Bid is submitted, or if this contract is in response to an emergency situation recognized by the Bank, the Standstill Period shall not apply.

43. Notification of Intention to Award 43.1 The Purchaser shall send to each Bidder (that has not already

been notified that it has been unsuccessful) the Notification of Intention to Award the Contract to the successful Bidder. The Notification of Intention to Award shall contain, at a minimum, the following information:

(a)the name and address of the Bidder submitting the successful Bid;

(b)the Contract price of the successful Bid; (c) the names of all Bidders who submitted Bids, and their Bid

prices as readout, and as evaluated;(d)a statement of the reason(s) the Bid (of the unsuccessful

Bidder to whom the notification is addressed) was unsuccessful, unless the price information in c) above already reveals the reason;

(e)the expiry date of the Standstill Period;(f) instructions on how to request a debriefing and/or submit a

complaint during the standstill period.

J. Award of Contract44. Award Criteria

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Section I – Instructions to Bidders (ITB)

44.1 Subject to ITB 41, and unless otherwise specified in the BDS, the Purchaser shall award the Contract or Contracts to the Bidder or Bidders whose Bid or Bids has/have been determined successful in accordance with ITB 40 as follows.

i) For evaluation based on individual items as per ITB 1.1, 14.6 and 35.1(a):

The Purchaser shall award the Contract or Contracts to the Selected Bidder or Bidders that have offered bids substantially responsive to the Bidding Document and have been determined successful for one or more items, evaluated bid prices of which shall result in the lowest evaluated cost to the Purchaser for all items combined [or when permitted, Most Economically Advantageous Tender] provided further that the selected Bidder or Bidders substantially meet the required qualifying criteria for item or items for which they are successful.

ii) For evaluation based on Lots or Packages as per ITB 1.1, 14.6 and 35.1(a):

Same as i) above except replace “item” or “items” wherever appearing with “Lot” and “Lots”, or “Package” and Packages” as the case may be.

45. Purchaser’s Right to Vary Quantities at Time of Award 45.1 At the time the Contract is awarded, the Purchaser reserves the

right to increase or decrease the quantity of Goods and Related Services originally specified in Section VII, Schedule of Requirements, provided this does not exceed the percentages specified in the BDS, and without any change in the unit prices or other terms and conditions of the Bid and the bidding document.

46. Notification of Award46.1 Prior to the expiration of the Bid Validity Period and upon expiry of

the Standstill Period, specified in ITB 42.1 or any extension thereof, and upon satisfactorily addressing any complaint that has been filed within the Standstill Period, the Purchaser shall notify the successful Bidder, in writing, that its Bid has been accepted. The notification of award (hereinafter and in the Contract Forms called the “Letter of Acceptance”) shall specify the sum that the Purchaser will pay the Supplier in consideration of the execution of the Contract (hereinafter and in the Conditions of Contract and Contract Forms called “the Contract Price”).

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Section I – Instructions to Bidders (ITB)

46.2 Within ten (10) Business Days after the date of transmission of the Letter of Acceptance, the Purchaser shall publish the Contract Award Notice which shall contain, at a minimum, the following information:

(a)name and address of the Purchaser;(b)name and reference number of the contract being awarded,

and the selection method used; (c) names of all Bidders that submitted Bids, and their Bid prices

as read out at Bid opening, and as evaluated; (d)names of all Bidders whose Bids were rejected either as

nonresponsive or as not meeting qualification criteria, or were not evaluated, with the reasons therefor;

(e)the name of the successful Bidder, the final total contract price, the contract duration and a summary of its scope; and

(f) successful Bidder’s Beneficial Ownership Disclosure Form, if specified in BDS ITB 48.1.

46.3 The Contract Award Notice shall be published on the Purchaser’s website with free access if available, or in at least one newspaper of national circulation in the Purchaser’s Country, or in the official gazette. The Purchaser shall also publish the contract award notice in UNDB online.

46.4 Until a formal Contract is prepared and executed, the Letter of Acceptance shall constitute a binding Contract.

47. Debriefing by the Purchaser47.1 On receipt of the Purchaser’s Notification of Intention to Award

referred to in ITB 43.1, an unsuccessful Bidder has three (3) Business Days to make a written request to the Purchaser for a debriefing. The Purchaser shall provide a debriefing to all unsuccessful Bidders whose request is received within this deadline.

47.2 Where a request for debriefing is received within the deadline, the Purchaser shall provide a debriefing within five (5) Business Days, unless the Purchaser decides, for justifiable reasons, to provide the debriefing outside this timeframe. In that case, the standstill period shall automatically be extended until five (5) Business Days after such debriefing is provided. If more than one debriefing is so delayed, the standstill period shall not end earlier than five (5) Business Days after the last debriefing takes place. The Purchaser shall promptly inform, by the quickest means available, all Bidders of the extended standstill period

47.3 Where a request for debriefing is received by the Purchaser later than the three (3) Business Day deadline, the Purchaser should

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Section I – Instructions to Bidders (ITB)

provide the debriefing as soon as practicable, and normally no later than fifteen (15) Business Days from the date of publication of Public Notice of Award of contract. Requests for debriefing received outside the three (3) day deadline shall not lead to extension of the standstill period.

47.4 Debriefings of unsuccessful Bidders may be done in writing or verbally. The Bidders shall bear their own costs of attending such a debriefing meeting.

48. Signing of Contract

48.1 The Purchaser shall send to the successful Bidder the Letter of Acceptance including the Contract Agreement, and, if specified in the BDS, a request to submit the Beneficial Ownership Disclosure Form providing additional information on its beneficial ownership. The Beneficial Ownership Disclosure Form, if so requested, shall be submitted within eight (8) Business Days of receiving this request.

48.2 The successful Bidder shall sign, date and return to the Purchaser, the Contract Agreement within twenty-eight (28) days of its receipt.

48.3 Notwithstanding ITB 48.2 above, in case signing of the Contract Agreement is prevented by any export restrictions attributable to the Purchaser, to the country of the Purchaser, or to the use of the products/goods, systems or services to be supplied, where such export restrictions arise from trade regulations from a country supplying those products/goods, systems or services, the Bidder shall not be bound by its Bid, always provided however, that the Bidder can demonstrate to the satisfaction of the Purchaser and of the Bank that signing of the Contact Agreement has not been prevented by any lack of diligence on the part of the Bidder in completing any formalities, including applying for permits, authorizations and licenses necessary for the export of the products/goods, systems or services under the terms of the Contract.

49. Performance Security49.1 Within twenty-eight (28) days of the receipt of the Letter of

Acceptance from the Purchaser, the successful Bidder, if required, shall furnish the Performance Security in accordance with the GCC 18 using for that purpose the Performance Security Form included in Section X, Contract Forms, or another Form acceptable to the Purchaser. If the Performance Security furnished by the successful Bidder is in the form of a bond, it shall be issued by a bonding or

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Section I – Instructions to Bidders (ITB)

insurance company that has been determined by the successful Bidder to be acceptable to the Purchaser. A foreign institution providing a bond shall have a correspondent financial institution located in the Purchaser’s Country, unless the Purchaser has agreed in writing that a correspondent financial institution is not required.

49.2 Failure of the successful Bidder to submit the above-mentioned Performance Security or sign the Contract shall constitute sufficient grounds for the annulment of the award and forfeiture of the Bid Security. In that event the Purchaser may award the Contract to the Bidder or Bidders offering the next Lowest Evaluated Cost [or when permitted, Most Economically Advantageous Tender (s) as per rated criteria] to the Purchaser as per the bid Evaluation and award criteria.

50. Procurement Related Complaint50.1 The procedures for making a Procurement-related Complaint are

as specified in the BDS.

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Section II – Bid Data Sheet (BDS) 43

Section II - Bid Data Sheet (BDS)The following specific data for the Goods to be procured shall complement, supplement, and/or amend the provisions in the Instructions to Bidders (ITB). Whenever there is a conflict, the provisions herein shall prevail over those in ITB.[Where an e-procurement system is used, modify the relevant parts of the BDS accordingly to reflect the e-procurement process.][Instructions for completing the Bid Data Sheet are provided, as needed, in the notes in italics mentioned for the relevant ITB, these should be deleted by the Borrower after completing the required information and before issuing the bidding document.]

ITB Reference A. General

ITB 1.1 The reference number of the Invitation for Bids (IFB) is: [insert reference number of the Invitation for Bids] The Purchaser is: [insert name of the Purchaser] The name of the IFB is: [insert name of the IFB] E.G. Open Competitive Bidding (International) (OCBI) The number and identification of items, lots or combination of lots (packages) comprising this IFB is: [insert number and identification of items, lots or combination of lots (packages) indicating if bids are invited for individual items (item-wise) or for individual lots (each lot comprising of one or more items) (lot-wise) or for individual packages (each package comprising of one or more lots)(package-wise) as further described under ITB 14.6]

ITB 1.2(a) [delete if not applicable]Electronic-Procurement SystemThe Purchaser shall use the following electronic-procurement system to manage this Bidding process:[insert name of the e-system and url address or link]The electronic-procurement system shall be used to manage the following aspects of the Bidding process:[list aspects here and modify the relevant parts of the BDS accordingly e.g. issuing bidding document, submissions of Bids, opening of Bids]

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Section II – Bid Data Sheet (BDS) 44

ITB 2.1 The Borrower is: [insert name of the Borrower and statement of relationship with the Purchaser, if different from the Borrower. This insertion should correspond to the information provided in the IFB]Loan or Financing Agreement amount: [insert US$ equivalent] ____________________________The Specific Bank financing institution is: ------------ [Insert ADB, ADF, NTF, etc. as appropriate]The name of the Project is: [insert name of the project]

ITB 4.1 (a)

i) The firms in a Joint Venture, Consortium or Association (JV) [insert “shall be” or “shall not be] jointly and severally liable.[If “shall not be” has been stated in i), add the following text as ii)] ii) “The exclusion from joint and several liability shall apply only to the firm whose participation in the contract as a minor member of the JV is less than ----% (specify a percent number) of the value of the Contract. All other members shall remain jointly and severally liable. [Delete ii) if “shall be” has been stated under i) above].[Unless otherwise specifically agreed with the Bank, insert “shall be” in all cases.] [Insert “Shall not be” in i) along with the text in ii) above, only in exceptional circumstances and when justified, due to small value and/or nature and type of participation of any minor member of the JV, and when the Bank has agreed not to apply joint and several liability of a minor member having participation in the JV of say, less than 30% by value of the Contract]

ITB 4.1 (c) Maximum number of members in the Joint Venture, consortium or association (JV) shall be: [insert a number] _______________

ITB 4.1 (d)

Minimum share of a member of Joint Venture, Consortium or Association (JV) in the contract shall not be less than-----% percent of the total value of the contract [Insert a percentage number generally between 25% and 40% and exceptionally not less than 20%. Care must be taken to avoid inconsistency between ITB 4.1 (c) and 4.1 (d) such that both provisions cannot be applied simultaneously]

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Section II - Bid Data Sheet (BDS) 45

ITB 4.5 A list of debarred firms and individuals is available on the Bank’s external website: https://www.afdb.org/en/projects-operations/ debarment-and-sanctions-procedures

B. Contents of Bidding Document

ITB 7.1 For C larification of Bid purposes only, the Purchaser’s address is:[insert the corresponding information as required below. This address may be the same as or different from that specified under provision ITB 22.1 for Bid submission]Attention: [insert full name of person, if applicable]Address: [insert street address and number]Floor/Room number: [insert floor and room number, if applicable]City: [insert name of city or town]ZIP Code: [insert postal (ZIP) code, if applicable]Country: : [insert name of country]Telephone: [insert telephone number, including country and city codes]Facsimile number: [insert fax number, including country and city codes]Electronic mail address: [insert email address, if applicable]Requests for clarification should be received by the Purchaser no later than: [insert no. of days].Web page: [in case used, identify the website with free access where Bidding process information is published]____________________

C. Preparation of Bids

ITB 10.1 The language of the Bid is: [insert “English” or “French”]. [Note: In addition to the above language, and if agreed with the Bank, the Purchaser has the option to issue translated versions of the bidding document in another language which should either be: (a) the national language of the Purchaser; or (b) the language used nation-wide in the Purchaser’s country for commercial transactions. In such case, the following text shall be added:][In addition, the bidding document is translated into

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Section II – Bid Data Sheet (BDS) 46

the [insert national or nation-wide used] language [if there are more than one national or nation-wide used language, add “and in the ____________” [insert the second national or nation-wide language.] Bids shall have the option to submit their Bid in any one of the languages stated above. Bidders shall not submit Bids in more than one language.]All correspondence exchange shall be in ____________ language.Language for translation of supporting documents and printed literature is _______________________. [specify one language].

ITB 11.2 (l) & 11.3 (d)

The Bidder shall submit the following additional documents in its Bid: [list any additional document not already listed in ITB 11.2 and 11.3 that must be submitted with the Bid]

ITB 13.1 Alternative Bids (Technical and Financial Parts) [insert “shall be” or “shall not be”] _________considered. [If Alternative Bids shall be considered, the methodology shall be defined in Section III, Evaluation and Qualification Criteria. See Section III for further details]

ITB 14.5 The prices quoted by the Bidder [insert “shall “or “shall not”] be subject to adjustment during the performance of the Contract. [Where prices shall be subject to adjustment during the performance of the Contract, the Bidder is required to furnish the indices and coefficients for the Price Adjustment Formula furnished in Section IX, Special Conditions of Contract.]

ITB 14.6 Consistent with ITB 1.1 select one of the following options and delete others: [Select Option 1: If items required can be awarded to different Bidders. Select Option 2: If items required are divided into lots, each lot comprising of one or more items, such that contract must be awarded for all items in any lot and only to any one Bidder for that lot. However, one or more lots can be awarded to any one or more Bidders.

Select Option 3: If items required are divided into

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Section II - Bid Data Sheet (BDS) 47

packages, each package comprising of one or more lots, and each lot comprising of one or more items, such that contract must be awarded for all lots in any package and only to any one Bidder for that package. However, one or more packages can be awarded to any one or more Bidders.] Option 1: i) Bids are invited for individual item (s): Bidders are free to bid for one or more items. Bids will be evaluated, and contract (s) awarded item-wise taking into account discounts offered for combination of items. OrOption 2: ii) Bids are invited for individual lot (s): Bidders are free to bid for one or more lots. Bids will be evaluated, and contract (s) awarded lot-wise taking into account discounts offered for combination of lots. OrOption 3: iii) Bids are invited for Packages (combination of lots): Bidders are free to bid for one or more packages. Bids will be evaluated, and contract (s) awarded package-wise taking into account discounts offered for combination of packages.

ITB 14.6 In case of bids invited for individual items, prices quoted for each individual item shall correspond at least to [Insert percentage number] of the quantity for the respective item.In case bids are invited lot-wise or package-wise:i) Prices shall be quoted for each lot (contract) item by item and shall correspond at least to [insert percentage number] percent of the items specified for each lot (contract).ii) Prices quoted for each item of a lot shall correspond at least to [insert percentage number] percent of the quantities specified for the respective item of a lot.iii) Prices shall be quoted for each package lot-by lot and shall correspond to at least [Insert percentage number] percent of lots in the package. Each lot shall comply with stipulations in (i) and (ii) above with respect to minimum percent of items and minimum percent of quantities.[Whenever any percentage specified is less than 100%, the following stipulation shall be made. “For the purpose of bid evaluation, and equitable comparison of bids, an adjustment with respect to missing items and/or quantities as the case may be shall be applied at the “average” or the “highest”

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cost (select any one) as quoted in other substantially responsive bids that have offered such missing items/quantities.”][when MEAT is applied discounts offered for more than one item, lot or package, as applicable, shall not be considered for bid evaluation and each item, lot or package as the case may be will be evaluated separately].

ITB 14.8 The Incoterms edition is: [insert relevant edition].

ITB 14.9 (a)(iii), (b)(ii) and (c)(v)

Final Destination (Project Site): [insert name of location where the Goods are to be actually used]

ITB 14.9 (b)(i)

Place of Destination: [insert named Place of destination as per Incoterm used]

ITB 15.1 The Bidder [insert “is” or “is not”’] __________ required to quote in the currency of the Purchaser’s Country the portion of the Bid price that corresponds to expenditures incurred in that currency.

ITB 16.4 Period of time the Goods are expected to be functioning (for the purpose of spare parts): _________[insert duration]

ITB 17.2 (a)

Manufacturer’s authorization is: _______ [insert “required” or “not required”]

ITB 17.2 (b)

Representation by an Agent for after sales service is: ________ [insert “required” or “not required”]

ITB 18.1 The Bid validity period shall be [insert a number of days that is a multiple of seven counting as of the dead-line for Bid submission] _______days.

ITB 18.3 (a)

The Bid price shall be adjusted by the following factor(s): ________ [The local currency portion of the Contract price shall be adjusted by a factor reflecting local inflation during the period of extension, and the foreign currency portion of the Contract price shall be adjusted by a factor reflecting the international inflation during the period of extension. The period of extension shall be calculated from the date immediately after expiry of 56 days until the date of award]

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ITB 19.1 [If a Bid Security amount shall be required, a Bid-Securing Declaration shall not be required, and vice versa.][Note: using this Two-envelope Bidding process requires placing the Bid Security in the first envelope-Technical Part: this is only possible if the amount of the Bid Security is a fixed amount for all participant Bidders]A Bid Security amount [insert “shall be” or “shall not be”] _______required. A Bid-Securing Declaration [insert “shall be” or “shall not be”] ________required.If a Bid Security amount shall be required, the amount and currency of the Bid Security shall be [If a Bid security amount is required, insert amount and currency of the Bid security. Otherwise insert “Not Applicable”.] [In case of lots, insert amount and currency of the Bid Security for each lot][Note: Bid Security is required for each lot as per amounts indicated against each lot. Bidders have the option of submitting one Bid Security for all lots (for the combined total amount of all lots) for which Bids have been submitted, however if the amount of Bid Security is less than the total required amount, the Purchaser will determine for which lot or lots the Bid Security amount shall be applied.]

ITB 19.3 (d)

Other types of acceptable securities: [Insert names of other acceptable securities. Insert “None” if no Bid security is required under provision ITB 19.1 or if Bid security is required but no other forms of Bid securities besides those listed in ITB 19.3 (a) through (c) are acceptable.]

ITB 19.9 [Delete if not applicable: The following provision should be included and the required corresponding information inserted only if a Bid security amount is not required under provision ITB 19.1 but instead a Bid-Securing Declaration is required and the Purchaser wishes to declare the Bidder ineligible to be awarded a contract for a period of time should the Bidder perform any of the actions mentioned in provision ITB 19.9 (a) and (b). Otherwise omit.]If the Bidder performs any of the actions prescribed in subparagraphs ITB 19.9 (a) or (b), the Borrower will declare the Bidder ineligible to be awarded contracts by the

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Section II – Bid Data Sheet (BDS) 50

Purchaser for a period of ______ [insert period of time] years.

ITB 20.3 The written confirmation of authorization to sign on behalf of the Bidder shall consist of: [insert the name and description of the documentation required to demonstrate the authority of the signatory to sign the Bid] _______________

D. Submission of Bids

ITB 21.2 In addition to the original of the Bid, the number of copies is: [insert number of copies] ________.

ITB 22.1 For Bid submission purposes only, the Purchaser’s address is: [This address may be the same as or different from that specified under provision ITB 7.1 for clarifications]Attention: [insert full name of person, if applicable]Street Address: [insert street address and number]Floor/ Room number: [insert floor and room number, if

applicable]City: [insert name of city or town]ZIP/Postal Code: [insert postal (ZIP) code, if applicable]Country: [insert name of country][Note: The time allowed for the preparation and submission of Bids shall be determined with due consideration to the particular circumstances of the project and the magnitude and complexity of the procurement. The period allowed shall be at least thirty (30) Business Days, unless otherwise agreed with the Bank.]The deadline for Bid submission is: Date: [insert day, month, and year e.g. 15 June 2016]Time: [insert time, and identify if a.m. or p.m., e.g. 10:30 a.m.][Note: The date and time should be the same as those provided in the Specific Procurement Notice - Invitation for Bids, unless subsequently amended pursuant to ITB 22.2]Bidders [insert “shall” or “shall not”] have the option of submitting their Bids electronically.[Note: The following provision should be included

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Section II - Bid Data Sheet (BDS) 51

and the required corresponding information inserted only if Bidders have the option of submitting their Bids electronically. Otherwise omit.]The electronic bidding submission procedures shall be: [insert a description of the electronic bidding submission procedures.]

E. Public Opening of Technical Parts

ITB 25.1 The Bid opening shall take place at: Street Address: [insert street address and number]Floor/Room number: [insert floor and room number, if

applicable]City: [insert name of city or town]Country: [insert name of country]Date: [insert day, month, and year, e.g. 15 June 2016]Time: [insert time, and identify if a.m. or p.m. e.g. 10:30 a.m.] [Date and time should be the same as those given for the deadline for submission of Bids ITB 22][Note: The following provision should be included and the required corresponding information inserted only if Bidders have the option of submitting their Bids electronically. Otherwise omit.]The electronic Bid opening procedures shall be: [insert a description of the electronic Bid opening procedures.]

ITB 25.6 The Letter of Bid - Technical Part and the sealed envelope marked “Second Envelope - Financial Part” shall be initialed by _______ [insert number] representatives of the Purchaser conducting Bid opening. __________ [Insert procedure: Example: Each Bid shall be initialed by all representatives and shall be numbered, any modification to the unit or total price shall be initialed by the Representative of the Purchaser, etc.]

F. Evaluation of Bids – General Provisions

ITB 30.3 The adjustments with respect to a missing or non-conforming item or component, and costs associated, if any, with non-material deviations, reservations or omissions to the requirements of the bidding document

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shall be based on the _____________ [insert “average” or “highest” consistent with the selection made under ITB 35.1 (a)] price of the item or component and cost, if any, of non-material deviations, reservations or omissions as quoted in or derived from other substantially responsive Bids unless any other specific evaluation criteria has been provided elsewhere in the bidding document for such adjustments in which case the latter shall be applied. If the price or cost of any of the above cannot be derived from the price or cost of other substantially responsive Bids, the Purchaser shall use its best estimate based on its own judgment, past experience or market search, as considered appropriate.

H. Public Opening of Financial Parts

ITB 34.5 Following the completion of the evaluation of the Technical Parts of the Bids, the Purchaser will notify all Bidders of the location, date and time of the public opening of Financial Parts.[In addition to the above the Purchaser shall select either i) or ii) below and delete the other Or select both i) and ii) consistent with the provision made under paragraph 6 of the Specific Procurement Notice.i) The Purchaser shall publish a notice of the public

opening of the Financial Parts on its website number [Specify the website number].

ii) Any interested party who wishes to attend the public opening of the Financial Parts may contact the officer named and at the address given below [Specify the name and complete address, e-mail, phone number, etc.] and may request to be notified of the location, date and time of the public opening of Financial Parts. The interested party(ies) will be notified by the Purchaser of the date, time and place of opening of Financial Parts provided such request is received within 10 Business days before the deadline for submission of Bids containing Technical and Financial Parts, as per ITB 22.1.

I. Evaluation of Bids - Financial Parts

ITB 35.1(a)

Evaluation will be done for…….. [Select Items or Lots(contracts) or combination of lots (Packages) consistent with ITB1.1 and ITB 14.6]

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Note: [Select one of the three sample clauses below as

appropriate]:“Bids will be evaluated for individual items taking into account all unconditional discounts including discounts offered for combination of Lots, if any. Contract or Contracts will be awarded to the Bidder or Bidders offering the lowest evaluated cost to the Purchaser for all items combined. Each Contract shall comprise of all item(s) awarded to the successful Bidder (s) on the above basis”.or“Bids will be evaluated, and Contracts awarded Lot by Lot taking into account all unconditional discounts including discounts offered for combination of Lots, if any. Contract or Contracts will be awarded to the Bidder or Bidders offering the lowest evaluated cost to the Purchaser for all Lots combined.] or[Bids will be evaluated, and Contracts awarded Package by Package, taking into account all unconditional discounts including discounts offered for combination of Packages, if any. Contract or Contracts will be awarded to the Bidder or Bidders offering the lowest evaluated cost to the Purchaser for all Packages combined.] In cases of Lots and Packages, if a Price Schedule shows items listed but not priced, their prices shall be assumed to be included in the prices of other items. An item not listed in the Price Schedule shall be assumed to be not included in the Bid, and provided that the Bid is substantially responsive, the average or the highest (select one of the two options consistent with selection made under ITB 30.3) price of the item quoted by substantially responsive Bidders will be added to the Bid price and the equivalent total cost of the Bid so determined will be used for price comparison.”]

ITB 35.5 The adjustments shall be determined using the following criteria, from amongst those set out in Section III, Evaluation and Qualification Criteria: [refer to Section III, Evaluation and Qualification Criteria; insert complementary details if necessary]

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(a) Deviation in Delivery schedule: [insert Yes or No. If yes insert the adjustment factor in Section III, Evaluation and Qualification Criteria]

(b)Deviation in payment schedule: [insert Yes or No. If yes insert the adjustment factor in Section III, Evaluation and Qualification Criteria]

(c) the cost of major replacement component, mandatory spare parts, and service: [insert Yes or No. If yes, insert the Methodology and criteria in Section III, Evaluation and Qualification Criteria]

(d) the availability in the Purchaser’s Country of spare parts and after-sales services for the equipment offered in the Bid [insert Yes or No, If yes, insert the Methodology and criteria in Section III, Evaluation and Qualification Criteria]

(e) Life cycle costs: the costs during the life of the goods or equipment [insert Yes or No, if yes, insert the Methodology and criteria in Section III, Evaluation and Qualification Criteria]

(f) the performance and productivity of the equipment offered; [Insert Yes or No. If yes, insert the Methodology and criteria in Section III, Evaluation and Qualification Criteria]

(g) [insert any specific criteria in Section III, Evaluation and Qualification Criteria

(h)Application of Most Economically Advantageous Tender (Bid) as per rated criteria (MEAT)-------------- [insert “Yes” or “No”.

If “No” then add the following text: “All texts, notes, references, etc. relating to MEAT or rated criteria throughout the Bidding Document shall not be applicable, specifically under Summary of SBD, ITB 32.6; ITB 33.5; ITB 34.2 (b); ITB 34.5; Texts in parenthesis under ITB 25.5, ITB 40.1, ITB 40.1 (b), ITB 44.1 (i), ITB 49.2; BDS for ITB 35.5 (h) and ITB 44.1; and paragraph 3.1 (h), parenthesis of paragraphs 3.3 and 4.2 (b) of Section III; paragraph 3.2 (e) (iv) of Section III; parenthesis pf paragraph (k) of Letter of Bid-Technical Part, etc.”.

If “Yes”, then specify the applicable selected Methodology and criteria under Section III which will be based on combined evaluation of Technical and Financial Scores]

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Section II - Bid Data Sheet (BDS) 55

[Guidance Note for Borrowers to be deleted before issuing the bidding document: Exceptionally, when procurement is complex, highly innovative and it requires special know-how, or specification of Goods or Services cannot be precisely defined or effect of difference in quality of Goods or Services or certain factors for bid evaluation-other than price- cannot be quantified in monetary terms, the Bank may agree to the application of bid evaluation criteria based on Most Economically Advantageous Tender as per rated criteria (MEAT). Borrowers shall obtain specific prior approval of the Bank before specifying before specifying any rated system of evaluation e.g. MEAT in the Bidding Document. If justified and Bank agrees then insert “Yes”. Otherwise state “No”]

ITB 37.1 The currency that shall be used for Bid evaluation and comparison purposes to convert at the selling exchange rate all Bid prices expressed in various currencies into a single currency is: [Insert name of currency] The source of exchange rate shall be: [Insert name of the source of exchange rates (e.g., the Central Bank in the Purchaser’s Country).]The date for the exchange rate shall be: [insert the text “The deadline for submission of bids” or state the day, month and year, e.g. 15 June 2016 not earlier than 28 days prior to the deadline for submission of the Bids, nor later than the original date for the expiry of Bid validity period].

ITB 38.1 [The following provision should be included and the required corresponding information inserted only if the Procurement Plan authorizes the application of margin of preference and the Purchaser intends to apply it to the subject contract. Otherwise omit]A margin of domestic preference [insert either “shall” or “shall not”] apply. A margin of regional preference [insert either “shall” or “shall not”] apply

[If a margin of preference applies, the application methodology shall be defined in Section III, Evaluation and Qualification Criteria.]

J. Award of Contract

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Section II – Bid Data Sheet (BDS) 56

ITB 44.1 Award Criteria based on Most Economically Advantageous Tender as per rated criteria will apply ----[Insert “Yes” or “No” based on provision made under ITB 35.5 (h). If “Yes” refer to and specify appropriate award criteria in Section III]

ITB 45.1 The maximum percentage by which quantities may be increased is: [insert percentage]The maximum percentage by which quantities may be decreased is: [insert percentage]

ITB 48.1 The successful Bidder [shall] or [shall not] submit the Beneficial Ownership Disclosure Form.

ITB 50.1 The procedures for making a Procurement-related Complaint are detailed in the Part B of the Operations Procurement Manual under the Procurement Framework of the African Development Bank. If a Bidder wishes to make a Procurement-related Complaint, the Bidder shall submit its complaint following these procedures to the Purchaser, in writing (by the quickest means available, such as by email in accordance with the following:

For the attention: [insert full name of person receiving complaints]Title/position: [insert title/position]Purchaser: [insert name of Purchaser]Email address: [insert email address]Fax number: [insert fax number] delete if not used

In summary, a Procurement-related Complaint may challenge any of the following:1. the terms of the Bidding Documents; 2. the purchaser’s decision to exclude a bidder from the

procurement process prior to the award of contract; and

3. the Purchaser’s decision to award the contract.

The Bank’s Procurement Framework stipulates that bidders may send copies of their communications with the Borrowers to the Bank or write to the Bank directly when, Borrowers do not respond promptly, any questions on any issues regarding the implementation of Bank funded projects, or when the communication is a complaint against the Borrower. In this regard, if a bidder wishes to protest against a decision made by a Borrower or the Bank with

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Section II - Bid Data Sheet (BDS) 57

regards to the procurement process or wishes to inform the Bank that the Bank’s procurement rules and/or provisions of the bidding documents have not been complied with, an email can be sent to the following address:

Email: [email protected]

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Section III – Evaluation & Qualification Criteria 59

Section III - Evaluation and Qualification Criteria

This Section contains the criteria that the Purchaser shall use to evaluate Bids and qualify the Bidders. No other factors, methods or criteria shall be used other than specified in this bidding document. Wherever a Bidder is required to state a monetary amount, Bidders should indicate the USD equivalent using the rate of exchange determined as follows:

For annual turnover or financial data required for each year - Exchange rate prevailing on the last day of the respective calendar year (in which the amounts for that year is to be converted) was originally established.

Value of single contract - Exchange rate prevailing on the date of the contract.

Exchange rates shall be taken from the publicly available source identified in the ITB 37.1. Any error in determining the exchange rates in the Bid may be corrected by the Purchaser.

[The Purchaser shall select the criteria deemed appropriate for the procurement process, insert the appropriate wording using the samples below or other acceptable wording, and delete the text in italics]

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Table of Criteria

1.(A).Technical Bid and Commercial Conditions (ITB 32.3 & ITB 32.4)................57

1.(B). Qualification (ITB 33).................................................................................57

2. Margin of Preference (ITB 38)........................................................................62

2.1 Preference for Domestically Manufactured Goods...................................62

2.2 Preference for Regionally Manufactured Goods.......................................63

3. Evaluation (ITB 31, 32, and 35).....................................................................64

3.1. Evaluation Criteria (Other Factors) (ITB 35.5).........................................64

3.2. Multiple Contracts (ITB 35.3)...................................................................72

3.3. Alternative Bids (ITB 13.1)......................................................................73

4. Successful Bid or Bids (ITB 40).......................................................................73

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Section III - Evaluation and Qualification Criteria

TECHNICAL PART1.(A). Technical Bid and Commercial Conditions

(ITB 32.3 & ITB 32.4)1A.1 Evaluation of Technical Bid (Reference ITB 16 and ITB 32.3):

The Purchaser shall evaluate the Technical Bid to determine compliance with the Purchaser’s requirements under Section VII ‘Schedule of Requirement’ and whether the Bids are substantially responsive to the Technical Specifications and other Requirements. [Bidder is to provide form (s) titled Appendix A to Technical Part as per Section IV]

[The Purchaser will highlight herein any particular details, characteristics, functional guarantees or other requirements under the specifications, which the Bidder is required to specifically confirm or provide details as per Section VII, Supply Requirements or other parts of the bidding document. To facilitate, a template may be attached or clearly described all information and list of documentation to be submitted by Bidders to enable evaluation of Technical Bids --------------]

1A.2 Evaluation of Commercial Terms and Conditions of the Bid (Reference ITB 32.4): The Purchaser shall determine whether the Bids are substantially responsive to the Commercial and Contractual Terms and Conditions. [Bidder is to provide form titled Appendix D to Technical Part-Commercial Terms and Conditions as per Section IV]

[The Purchaser will highlight herein any particular requirements under the Contract which the Bidder is required to specifically confirm or provide information to enable evaluation of Commercial Terms and Conditions of the Bid]

1.(B). Qualification (ITB 33)1B.1 Qualification Criteria (ITB 33.1): The Purchaser shall assess each

Bidder against the following Qualification Criteria. Requirements not included in the text below shall not be used in the evaluation of the Bidder’s qualifications. The minimum qualification requirements for multiple contracts will be the sum of the minimum requirements for respective individual contracts, unless otherwise specified.

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[Note for Borrower to be deleted before issuing the Bidding documents: the Borrower may select minimum qualification requirements (criteria) from examples given below as relevant and appropriate for the nature, size and type of Goods and Services to be procured . Generally, for procurement of Goods, unless the value of the item is very large, the criteria for assessment of Manufacturer’s technical capability shall always be considered more important than its financial resources. For small value items, the criteria for financial capability may even be omitted. In a two envelope procedure, as the evaluation of qualification of Bidders is completed after review of the information in the first envelope containing the Technical Part which includes information on the qualification of Bidders, and before opening of the second envelope, no qualifying criteria should be linked to the bid price as the latter will not be known until second envelope has been opened which will result in Purchaser’s inability to evaluate qualification of Bidders before opening of the second envelope. For example, the annual turnover should be based on the Purchaser’s estimated cost instead of quoted prices. Alternatively, Bidders may be asked to provide details of their annual turnover with stipulation that limit shall be placed on the aggregate value of all contracts that can be awarded to a Bidder, which if the Bidder is successful, shall not exceed a certain percentage of the Bidder’s annual turnover. Based on value of items, time for completion, and other factors, a percentage number may be set between 25% to 50% of the Bidder’s achieved annual Turnover. If a Bidder is successful for more than one contract total value of which exceeds the above limitation due to annual turnover, the Purchaser shall decide which contract or contracts shall be awarded to the Bidder up to the above limit based on the lowest total evaluated cost to the Purchaser for all contracts]

(I) If the Bidder is a manufacturer:

(i) Financial Capability: [As indicated above, specify only when justified for very large value items/contracts]

The Bidder shall furnish documentary evidence that it meets the following financial requirement(s): [list the requirement(s) including period]

[Sample Text: (a) The audited balance sheets or, if not required by the laws of the Bidder’s country, other financial or Bank statements acceptable to the Purchaser, for the last [insert a number e.g. 2 or 3] years, namely years -------[specify the year e.g. 2017, 2018] shall be submitted demonstrating the current soundness of the Bidder’s financial position and availability of adequate financial resources to perform the contract. In case of JV, each member of the JV shall furnish its own financial statement as required above. Refer to Form FIN – 3.1 to provide the required information.]

[Sample Text: (b) (i) For Bid evaluation to be performed Item-wise as per ITB 1.1, ITB 14.6, 14.7 and ITB 35.1 (a): The Bidder shall demonstrate the minimum average annual financial turnover

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of______(specify an amount equal to 2 to 5 times the estimated cost of respective item) for item number-----------(specify the item number-- If there are several items prepare a table of all items indicating required turnover for each item) as certified payments received by the Bidder since Jan. 1-xxx---(specify year) for contracts in progress and completed for all Goods (items) manufactured in the manufacturing facility and supplied up to the deadline for submission of bids divided by --- number of years and part thereof elapsed since Jan. 1 xxx (specify the year same as above) until the deadline for submission of bids. Any revision in annual turnover after bid opening because of Bidder’s failure to include certain payments received or for any other reasons shall not be accepted. If the Bidder’s average annual turnover amount is less than the required turnover amount for all items for which the Bidder is successful, limitation will be placed on the number of item(s) (contracts) that will be awarded to the Bidder and Purchaser will decide which item or items will be awarded based on the most economical combination that will result in the lowest evaluated cost to the Purchaser for all items (contracts) such that the total required average financial turnover for such items will not exceed the Bidder’s average annual financial turnover. In case the Bidder is a JV, average annual financial turnover of all members to the JV shall be added to evaluate such turnover of the Bidder. Refer to Form FIN—3.2 to provide the required information.]

or

[Sample Text: (b) (i) For Bid evaluation to be performed Item-wise as per ITB 1.1, ITB 14.6, 14.7 and ITB 35.1 (a): The Bidder shall furnish its annual financial turnover as certified payments received by the Bidder since Jan. 1-xxx---(specify year) for contracts in progress and completed for all Goods manufactured in the manufacturing facility and supplied up to the deadline for submission of bids divided by --- number of years and part thereof elapsed since Jan. 1 xxx (specify the year same as above) until the deadline for submission of bids. Any revision in annual financial turnover after bid opening because of Bidder’s failure to include certain payments received or for any other reasons shall not be accepted. The aggregate maximum value of all items (contracts) that can be awarded to the Bidder shall not exceed a limit which will be -------------% (percent) of the Bidder’s average annual financial turnover [specify a percentage between 25% and 50% depending upon the value of the item, period of completion or other justified reasons]. If the total value of all contracts for which the Bidder is successful exceeds this limit, the Purchaser shall decide which contract or contracts will be awarded based on the most economical combination that will result in the lowest evaluated cost to the Purchaser for all items (contracts) combined and the total value of all items (contracts) awarded to the Bidder will not exceed the limit. In case the Bidder is a JV, average annual financial turnover of all members to the JV shall be added to evaluate such turnover of the Bidder. Refer to Form FIN—3.2 to provide the required information.]

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Section IV – Bidding Forms 64

[Sample Text: (b) (ii) For Bid evaluation to be performed Lot-wise as per ITB 1.1, ITB 14.6, 14.7 and ITB 35.1 (a): Apply the same text as above under (b) (i) except replace “item” with “Lot” and “Items” with “Lots”]

[Sample Text: (b) (iii) For Bid evaluation to be performed Package-wise as per ITB 1.1, ITB 14.6, 14.7 and ITB 35.1 (a): Apply the same text as above under (b) (i) except replace “item” with “Package” and “Items” with “Packages”]

(ii) Experience and Technical Capacity

The Bidder shall furnish documentary evidence to demonstrate that it meets the following experience requirement(s): In case the Bidder is a JV, experience and demonstrated technical capacity of only the JV shall be taken into account and not of individual members nor their individual experience/capacity will be aggregated. Wherever the Words “Similar Goods” have been used it includes upgrades, latest and improved versions or models of similar specifications and technology. Refer to Form Exp-1 to provide the required information.

[list the requirement(s), including experience in successfully implementing sustainable procurement requirements, if specified in the bidding document.]

Samples of Experience Requirements:[Sample Text: (a) The Bidder shall have been manufacturing similar Goods since Jan. 1, ----- (specify the year to cover a sufficiently long period ranging from 2 to 5 years depending upon the Goods to be procured)].

[Sample Text: b) The Bidder shall furnish documentary evidence to demonstrate successful completion of at least ------ (Insert number-- 1 to 3) contracts of similar Goods since Jan 1, ----(specify year) each involving total (select either “each” or “total” and delete the other) supply of at least ---- numbers/---percentage of required quantity of each item (insert a number that corresponds to 70% or 80% of the required quantity for each item or specify a percentage e.g. 70% or 80% of the required quantity of each item.)]

[Note: The following criteria may be used when required quantities of certain items are very large to be delivered in relatively short period of time. Specify minimum qualifying installed and proven capacity based on market analysis, total quantity and rate of supply required under the contract. Normally, 100% to 150% of the required rate of delivery for installed

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capacity and 60 to 80% of the required rate of delivery for proven capacity]

[Sample Text: (c)

(i) The installed capacity to manufacture item number---- (specify the relevant item number) shall not be less than ---units per month).

(ii) Demonstrated proven capacity to supply determined by dividing the total quantity of item number----(specify the relevant item number) supplied since Jan 1, YYY----(specify year) by the-----months (specify the number of months elapsed since Jan 1, YYY until bid opening) shall not be less than --- units per month.]

(iii) Documentary Evidence of Usage of Goods (When appropriate)

The Bidder shall furnish documentary evidence to demonstrate that the Goods it offers meet the following usage requirement: [list the requirement(s)]

[Sample Text: The Bidder shall furnish documentary evidence satisfactory to the Purchaser to demonstrate that similar Goods as offered in the Bid have been in successful use or operation since Jan. 1, ----(Specify year). If the Bidder is a JV, the evidence of demonstrated usage of Goods supplied in the past shall be in the name of the JV.]

Refer to Form Exp-1 to provide the required information.

(II) If a Bidder is not the manufacturer:

If a Bidder is not a manufacturer, but is offering the Goods on behalf of the Manufacturer under Manufacturer's Authorization Form (Section IV, Bidding Forms), the Manufacturer shall demonstrate the above qualifications (i), (ii), (iii) and the Bidder shall demonstrate that it has successfully completed at least ____________ contracts of similar goods [insert number of contracts] in the past ____________ since Jan. 1 (specify year). If the Bidder is a JV, past performance contracts shall be in the name of the JV]. Refer to Form Exp-1 to provide the required information.

[Note: To be deleted before issuing the bidding document: Additionally, specify relevant evaluation criteria, including required experience in successfully implementing sustainable procurement, if it has been decided that the latter is an important consideration and should form part of bid evaluation]

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(III) History of non-performing contracts:

Bidder including manufacturer, if the Bidder is not a manufacturer, and each member of a JV in case the Bidder is a JV, shall demonstrate that Non-performance of a contract did not occur as a result of the default of the Bidder, manufacturer or the member of JV as the case may be, since 1st January (specify year). The required information shall be furnished as per form CON-2.

(IV) Pending Litigation:

Financial position and prospective long-term profitability of the Single Bidder, and in the case the Bidder is a JV, of each member of the JV, shall remain sound according to criteria established with respect to Financial Capability under paragraph I (i) above assuming that all pending litigation will be resolved against the Bidder. Bidder shall provide information on pending litigations as per Form CON-2.

(V) Litigation History:

There shall be no consistent history of court/arbitral award decisions against the Bidder1 since 1st January [insert year]. All parties to the contract shall furnish the information as per Form CON

[Bidder’s Qualifications: Note On MEAT: Delete before issuing bidding document: If Bid evaluation is based on scoring criteria for determination of MEAT, the required qualification criteria for Bidders and the corresponding forms to be submitted by Bidders shall be incorporated in Section III and Section IV respectively. The Borrower shall decide and accordingly specify whether such criteria is to be applied for Bidder’s qualifications independently or in conjunction with pass-fail criteria, and if the scoring criteria for Bidder’s qualifications is included with the scoring criteria for technical and price evaluation then it should be ensured that there is no double counting by specifying the same criterion twice .]

FINANCIAL PART2. Margin of Preference (ITB 38)2.1 Preference for Domestically Manufactured Goods

If the Bid Data Sheet (BDS) so specifies, the Purchaser will grant a margin of preference to goods manufactured in the Purchaser’s country for the 1 The Bidder shall provide accurate information on the related Form (CON-2) about any litigation or arbitration resulting

from contracts completed or ongoing under its execution since Jan. 1-----(year). A consistent history of awards against the Bidder or any member of a JV may result in rejection of the bid.

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purpose of bid comparison, in accordance with the procedures outlined in subsequent paragraphs. Bids will be classified in one of three groups, as follows:

(a) Group A: Bids offering goods manufactured in the Purchaser’s Country, for which (i) labor, raw materials, and components from within the Purchaser’s Country account for twenty (20) percent or more of the EXW price; and (ii) the production facility in which they will be manufactured or assembled has been engaged in manufacturing or assembling such goods at least since the date of bid submission.

(b) Group B: All other bids offering Goods manufactured in the Purchaser’s Country.

(c) Group C: Bids offering Goods manufactured outside the Purchaser’s Country that have been already imported or that will be imported.

To facilitate this classification by the Purchaser, the Bidder shall complete whichever version of the Price Schedule furnished in the Bidding Documents is appropriate. Incorrect classification may render the bid non-responsive as no reclassification will be permitted after bid opening. Bidders shall provide correct information especially with respect to duties, taxes etc. paid on previously imported Goods and percentage of local labor, materials and components for Goods manufactured in the Purchaser’s country as any false information which cannot be supported by documentation may render the bid non-responsive besides other sanctions for providing falsified information as per provisions under Section VI.The Purchaser will first review the bids to confirm the appropriateness of the bid group classification to which bidders assigned their bids in preparing their Bid Forms and Price Schedules.All evaluated bids in each group will then be compared to determine the lowest evaluated bid of each group. Such lowest evaluated bids shall be compared with each other and if as a result of this comparison a bid from Group A or Group B is the lowest, it shall be selected for the award.If as a result of the preceding comparison, the lowest evaluated bid is a bid from Group C, all bids from Group C shall be further compared with the lowest evaluated bid from Group A after adding to the evaluated price of goods offered in each bid from Group C, for the purpose of this further comparison only, an amount equal to 15% (fifteen percent) of the respective CIP bid price for goods to be imported and already imported goods. Both prices shall include unconditional discounts and be corrected for arithmetical errors. If the bid from Group A is the lowest, it shall be selected for award. If not, the lowest evaluated bid from Group C shall be selected as paragraph above.”2.2 Preference for Regionally Manufactured Goods

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If the Bid Data Sheet (BDS) so specifies, the Purchaser, for the purpose of bid comparison, will grant a regional preference to goods manufactured in RMCs that have joined the Borrower's country in a regional preferential tariff arrangement, designed to foster economic integration, by a customs union, or a free trade area, in accordance with the procedures outlined in subsequent paragraphs. All responsive bids will be classified in one of the following two groups: Group A, which includes bids offering goods, which the respective bidders must have established, to the satisfaction of the Borrower and the Bank, to be eligible for regional preference; and

Group B, which includes all other bids.

i) In order to determine the Lowest Evaluated Bid of each group, all evaluated bids in each group shall first be compared among themselves. Such Lowest Evaluated Bids shall then be compared with each other, and if, as a result of this comparison, a bid from Group A is the lowest, it shall be selected for the award.

ii) If, as a result of the comparison under Paragraph i) above, the Lowest Evaluated Bid is a bid from Group B, all Group B bids shall be further compared with the Lowest Evaluated Bid from Group A, after adding to the evaluated bid price of the imported goods offered in each Group B bid, for the purpose of this further comparison only, an amount equal to:

(a) the difference between the import duty applicable to such goods, when they originate in countries not parties to the preferential tariff arrangement, and that which is applicable to those goods when they originate from countries that are parties to the agreement; or

(b) 10% (ten percent) of the CIF or CIP bid price of such goods, if the difference indicated under a) above exceeds 10% of such price.

If the Lowest Evaluated Bid from Group A, in such further comparison is the lowest, it shall be selected for the award. If not, the Lowest Evaluated Bid from Group B, as determined from the comparison under Paragraph i) above, shall be selected.3. Evaluation (ITB 31, 32, and 35) 3.1. Evaluation Criteria (Other Factors) (ITB 35.5)

The Purchaser may use the following additional criteria and methodologies listed in this Section to evaluate Bids. By applying these and all other applicable criteria and methodologies, the Purchaser shall determine the Successful Bid or Bids.

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The Purchaser’s evaluation of a Bid may take into account, in addition to the Bid Price quoted in accordance with ITB 14.9, one or more of the following factors as specified in ITB 35.1(f) and in BDS referring to ITB 35.5, using the following criteria and methodologies. (a) Delivery schedule. (As per Incoterms specified in the BDS)

[The Goods specified in the List of Goods are required to be delivered within the acceptable time range (after the earliest and before the final date, both dates inclusive) specified in Section VII, Schedule of Requirements. No credit will be given to deliveries before the earliest date, and Bids offering delivery after the final date shall be treated as nonresponsive. Within this acceptable period, an adjustment of [insert the adjustment factor] will be added, for evaluation purposes only, to the Bid price of Bids offering deliveries later than the “Earliest Delivery Date” specified in Section VII, Schedule of Requirements.

[An adjustment factor of 0.5% per week of delay would be reasonable. However, the adjustment factor should not be more than the rate of Liquidated Damages to be applied in case of delay in delivery of Goods and Services under the Contract conditions.]

(b) Deviation in payment schedule. [insert one of the following]

(i) Bidders shall state their Bid price for the payment schedule outlined in the SCC. Bids shall be evaluated on the basis of this base price. Bidders are, however, permitted to state an alternative payment schedule and indicate the reduction in Bid price they wish to offer for such alternative payment schedule. The Purchaser may consider the alternative payment schedule and the reduced Bid price offered by the Bidder selected on the basis of the base price for the payment schedule outlined in the SCC. or

(ii) The SCC stipulates the payment schedule specified by the Purchaser. If a Bid deviates from the schedule and if such deviation is considered acceptable to the Purchaser, the Bid will be evaluated by calculating interest earned for any earlier payments involved in the terms outlined in the Bid as compared with those stipulated in the SCC, at the rate per annum of [insert the adjustment rate].

(c) Cost of major replacement components, mandatory spare parts, and service. [insert one of the following]

(i) The list of mandatory items and quantities of major assemblies, components, and selected spare parts, likely to be required during the initial period of operation specified in the BDS 16.4, is in the List of Goods. An adjustment equal to the total cost of these items, at the unit prices quoted in each Bid, shall be added to the Bid price, for evaluation purposes.

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or

(i) The Purchaser will draw up a list of high-usage and high-value items of components and spare parts, along with estimated quantities of usage in the initial period of operation specified in the BDS 16.4. The total cost of these items and quantities will be computed from spare parts unit prices submitted by the Bidder and added to the Bid price, for evaluation purposes only.

or

(i) Bidder shall provide along with its Bid, the list of recommended spare parts for Goods offered indicating for each item of spare part the recommended quantity and unit, and total CIP final destination prices required during the initial period of operation specified in the BDS 16.4. The cost of such spare parts will be taken into account for bid evaluation. The Bidder, if successful, undertakes to supply free of cost to the Purchaser any item and quantity not included in the above list which as per Purchaser’s determination would be required during the above period of operation specified in BDS 16

or

(i) Bidder shall provide along with its Bid, the list of recommended spare parts for Goods offered indicating for each item of spare part the recommended quantity and unit, and total CIP final destination prices required during the initial period of operation specified in the BDS 16.4. The prices offered shall not exceed the prevailing prices charged to other parties by the Bidder. The cost of such spare parts will not be taken into account for bid evaluation. The Purchaser may award the contract for spare parts to the Bidder that is successful for the supply of Goods, by selecting at its option, from the Bidder’s list of recommended spare parts, such items and quantities against each as the Purchaser may deem appropriate at the unit prices indicated by the Bidder but not exceeding ----% (present) of the cost of Goods [normally not more than 10% or 15%]

(d) Availability in the Purchaser’s Country of spare parts and after sales services for equipment offered in the Bid. An adjustment equal to the cost to the Purchaser of establishing the minimum service facilities and parts inventories if quoted separately, shall be added to the Bid price, for evaluation purposes only.

(e) Life Cycle Cost (LCC)If specified in BDS 35.5. an adjustment to take into account the additional life cycle costs for the period specified below, such as the operating and maintenance costs of the Goods, will be added to the Bid price, for evaluation purposes only. The adjustment will be evaluated in accordance with the methodology specified below.

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[Note to purchase: Life cycle costings should be used when the costs of operation and/or maintenance over the specified life of the goods are estimated to be considerable in comparison with the initial cost and may vary among different Bids. Life cycle cost shall be evaluated on a net present value basis. If life cycle costs apply then specify the factors required to determine them for evaluation purposes.]

[Either amend the following text as required, or delete if life cycle cost is not applicable](i) number of years for life cycle cost determination [insert the

number of years of economic life of Goods];(ii) the discount rate to be applied to determine the net present

value of the life-cycle-cost is [insert the discount rate];(iii) the annual operating and maintenance costs (recurrent costs)

shall be determined on the basis of the following methodology: [insert methodology: e.g. this should include factors that will be used for determination of life-cycle-cost such as costs of operation and maintenance, residual value at the end of economic life of Goods, major elements that will be used for determination of cost of operation and maintenance such as fuel, power, labor, spare parts, etc. unit prices of elements such as fuel, power, etc., quantity of annual usage such as Kms or Hours of operation of Goods, Formula for calculation of LCC, etc.];

(iv) and the following information is required from bidders [insert any information required from bidders, including prices e.g. Guaranteed fuel and/or power consumption, cost of labor, spare parts, etc.].

(f) Performance and productivity of the equipment. [insert one of the following]

(i) Performance and productivity of the equipment. An adjustment representing the capitalized cost of additional operating costs over the life of the goods will be added to the Bid price, for evaluation purposes if specified in the BDS 35.5. The adjustment will be evaluated based on the drop in the guaranteed performance or efficiency offered in the Bid below the norm of 100, using the methodology below. [insert the methodology and criteria if applicable: e.g. The Following aspects could be considered in the formulation of this methodology and criteria: (i) Bid price for the equipment; ii) Price of spare parts required for AAA years of operations, iii) Adjustments to bid price for omissions, deviations and exceptions to technical and commercial conditions in the bidding documents; iv) Capitalized cost savings due to the equipment efficiency at the rate of US$ XXX for each YYY %

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(percent) above the minimum ZZZ % (percent) efficiency; v) Capitalized cost for the auxiliary power consumption at US $ PPP per KW for AAA years; and vi) Applicable discount rate of BBB%.]

or

(i) An adjustment to take into account the productivity of the goods offered in the Bid will be added to the Bid price, for evaluation purposes only, if specified in BDS 35.5. The adjustment will be evaluated based on the cost per unit of the actual productivity of goods offered in the Bid with respect to minimum required values, using the methodology below. [insert the methodology and criteria if applicable: E.G. The evaluation and comparison of responsive bids shall be based on the total life cycle cost for XXX years, per unit of output. The life cycle cost shall be the sum of the initial purchase price of the equipment and the cost of operation in electric energy for XXX years of operation at unit cost of US$ AAA per kwh, discounted to net present value at YYY percent]

(g) Specific additional criteria [Other specific additional criteria to be considered in the evaluation, and the evaluation method shall be detailed in BDS 35.5]

[If specific sustainable procurement technical requirements have been specified in Section VII, Specification, either state that (i) those requirements will be evaluated on a pass/fail (compliance basis) or otherwise (ii) in addition to evaluating those requirements on a pass/fail (compliance basis), if applicable, specify the monetary adjustments to be applied to Bid Prices for comparison purposes on account of Bids that exceed the specified minimum sustainable procurement technical requirements.]

[(h) Most Economically Advantageous Tender (Bid) as per rated criteria (MEAT) [Delete if not Applicable. If applicable Specify the bid evaluation and award criteria.]

[Note: The following Note is provided for the benefit of Purchasers who wish to apply Bid evaluation and award criteria based on Most Economically Advantageous Tender as per rated criteria (MEAT) and to assist in the preparation of appropriate bid evaluation and award criteria subject to approval by the Bank. This Note shall be deleted and not included in the bidding document before it is issued.]

If all technical criteria (other than price) for determination of MEAT can be quantified in monetary terms, then one-envelope procedure

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would be appropriate by applying the bid evaluation criteria that would determine the lowest evaluated bid unless a two-envelope procedure offers other advantages over one-envelope for the specific procurement. Otherwise, if merit point system of evaluation criteria needs to be used for determination of MEAT, the two-envelope procedure is the preferred approach for transparency and to ensure that technical scores are not influenced favoring one bid over the other due to evaluator’s knowledge of their prices.

When procurement is complex and it requires special know-how or innovative approaches, specifications for goods or services cannot be precisely defined in advance and the difference in quality of goods or services provided by different bidders for identified requirements vary substantially, or evaluation of quality involving environmental and/or social aspects is critical, in such cases when justified, to achieve value for money, quoted price may not be the only factor in bid evaluation. In addition to quoted price, quality factors should also be included for bid evaluation. If the difference in quality among bids for all quality factors can be quantified in monetary terms these values should be added to the bid price and lowest evaluated bid determined for award. However, when all factors cannot be quantified in monetary values, then a scoring or point system of bid evaluation criteria may be appropriate to evaluate such factors. Such bid evaluation criteria determines, “The Most Economically Advantageous Tender as per rated criteria (MEAT)” by combining price, quality (technical) and other selected factors including qualitative aspects involving environmental and/or social aspects, and innovative characteristics, and where relevant, Qualification of Bidders e.g. organization, qualification and experience of staff assigned, after-sales service and technical assistance, delivery conditions and time for completion, etc. by pre-disclosed weighting assigned to each criteria and sub-criteria. Some of the above factors that can be quantified in monetary terms should preferably be separated and included under the evaluated cost of the Goods and all other factors that cannot be quantified in monetary terms should be evaluated by assigning points. However, it should be insured that there is no double counting e.g. a factor which has been evaluated based on quantification of monetary value should not be again evaluated by point system.

There is no one standard list of criteria for determination of MEAT that can be applied across the board for all types of Goods and Related Services. Appropriate factors and respective weighting for each in the point system of evaluation should be determined based on the nature, size and complexity of Goods to be procured, targeted outcome of procurement, accounting for standards of technical quality and functional parameters above the minimum requirements among competing bids, Borrower’s sustainability

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policies, achieving the best value for money, etc., In the evaluation of technical features over and above the minimum required standards of specifications and functional requirements and in specifying factors to this effect, a balanced approach should be taken which will take into account the needs of the Project with due consideration of allocated budget insuring that superior technical features would indeed be beneficial in actual use for which Goods are being procured and would not result in securing overly designed specification that may be redundant, adversely affect the cost and outcome. Technical experts should be consulted for selection of criteria and their respective weights based on the importance of the technical feature.

As a general guide the weightings (maximum scores) for evaluation should include weighting for price varying from 80% to 90% but in no case should be less than 70% which may be justified in exceptional circumstances. Other factors should have criteria and sub-criteria well defined such that in assigning points for quality or other aspects subjectivity could be reduced as much as possible and avoid the chances of possible abuse.

The most common formula applied for point system of evaluation is the following:

An Evaluated Bid Score (B) will be calculated for each substantially responsive bid using the following formula, which permits a comprehensive assessment of the bid price and the technical merits of each bid:

B≡C low

CX + T

T high(1−X )

Where,

B= Combined Price and Technical score of the bid

C= Evaluated Bid Price or the Life Cycle Cost (LCC)

Clow = the lowest of all Evaluated Bid Prices or the lowest LCC among substantially responsive bids

T= total Technical Score awarded to the bid

Thigh = Technical Score achieved by the bid that scored highest among all responsive bids

X= weight for the Price as specified in the BDS

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When there are several technical factors and each factor may have several subfactors, the following formula may be used to determine the total technical score ‘T’ awarded to a bid.

T ≡∑j=1

n

S j∗W j

where:

Sj= Technical Score of factor “j”Wj= the weight of factor “j” as specifiedn= the number of Factors

∑j=1

n

W j=1

And

S j≡∑i=1

k

t ji∗w ji

where:

tji= the technical score for sub- factor “i” in factor “j”wji= the weight of sub- factor “i” in factor “j”, k= the number of scored sub-factors in factor “j”

∑i=1

k

w ji=1

The bid with the highest Evaluated Bid Score (B) among responsive bids shall be termed the Most Economically Advantageous Tender as per rated criteria (MEAT) and is eligible for Contract award, provided the Bidder is found to be qualified to perform the Contract in accordance with qualification criteria specified in the Bidding Document. The evaluated bid prices C and C low take into account arithmetical corrections, currency corrections, if applicable, including any factors that can be quantified in monetary values as well as operation and maintenance or recurrent costs. Technical features whether they relate to horsepower, capacity or other performance and design characteristics should be relevant to the procurement in question and decided based on considerations explained above. Based on the principle, and as indicated above, the formula may be expanded to include other non-monetary factors relating to sustainability such as social and environmental performances, etc.]

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3.2. Multiple Contracts (ITB 35.3)

a) Prior to the opening of Financial Part of the Bids, determination of substantial responsiveness of Bids and Qualifications of Bidders shall strictly follow the criteria and procedures described in Sections F, and G, of the ITB, Bid data Sheet and this Section III, ‘Evaluation and Qualification Criteria’.

b) Bids invited based on an item-wise approach, lot or package-wise shall be evaluated and the relevant contract shall be awarded based on each item, each lot or each package, as applicable. Contract(s) shall be awarded to the bidder or bidders offering substantially responsive Bid(s) and the lowest evaluated cost to the Purchaser for combined Items, lots, or packages, as the case may be, after considering all possible combinations, and discounts offered subject to the selected bidder(s) substantially meeting the required Qualification Criteria for which they are selected (Ref: Section III, Qualification Requirements, including ITB 33, ITB 35 to ITB 40 and ITB 44). For each of the above approaches, a contract may contain more than one item, lot, or package, if a Bidder is determined successful accordingly.

c) For each of the above approaches the determination of the lowest cost to the Purchaser will be based on the following:

(i) Each and every item quoted in a bid for any approach of bidding and award of contract (Item-wise, or lot or package-wise). shall be classified in one of the three Groups, namely, A, B and C as quoted in the bid;

(ii) The lowest evaluated cost of an item shall be determined by application of all criteria specified under sections, ITB, BDS and Section III as mentioned above in para (a) taking into account discounts offered for combined items (provided the Bidder (s) selected substantially meet the qualification criteria for combined items), and application of margin of domestic preference, if applicable. If an item in a bid qualifies for margin of domestic preference, the evaluated price of such item in Group C will account for applicable margin of preference over the CIP price for comparison with other bids in Group A; and

(iii) The lowest evaluated cost of a lot or a package as the case may be will be the sum of the evaluated cost of all Individual items in the lot or package, as applicable, determined as per para (c) (ii) above, taking into account discounts offered for combined lots or package, as applicable (provided that the Bidder (s) selected substantially meet the qualification criteria for combined lots or packages, as applicable).

iv) When evaluation criteria is based on the application of MEAT, after evaluation of bid cost as above, without application of any cross discounts for combination of more than one item, lot or package,

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the evaluated cost shall be converted to merit points (scores) based on weight assigned to price, the lowest evaluated price securing the highest price score and others in scoring in inverse proportion or as per specified formula. Thereafter the price scores shall be combined with other scores including technical and any other elements as per applicable formula or criteria. The winning bid or bids (MEAT) shall be based on the highest combined scores.

[Note for Borrower to be deleted before issuing bidding document: The evaluation may become overly complex if too many items, lots or packages are included in the bidding that are not properly packaged based on interest of the domestic or foreign markets or for not keeping in view manufactures’ interests and their line of production for certain category of items. Application of domestic and/or regional preferences may further add complexity to the process.]3.3. Alternative Bids (ITB 13.1)

An alternative if permitted under ITB 13.1, will be evaluated as follows:

[insert one of the following]

“A Bidder may submit an Alternative Bid (Technical and Financial Parts) only with a Bid for the base case. The Purchaser shall only consider the Alternative Bids offered by the Bidder whose Bid for the base case was determined to be the Lowest Evaluated Bid… [or if permitted, Most Economically Advantageous Tender as per rated criteria] ……..”

or

“A Bidder may submit an Alternative Bid with or without a Bid for the base case. The Purchaser shall consider Bids offered for alternatives as specified in the Technical Specifications of Section VII, Schedule of Requirements. All Bids received, for the base case, as well as Alternative Bids meeting the specified requirements, shall be evaluated on their own merits in accordance with the same procedures, as specified in the ITB 31 and ITB 35.”

4. Successful Bid or Bids (ITB 40)The Purchaser shall apply the criteria and methodologies listed in this Section to evaluate Bids and determine the successful Bid or Bids which has/have been determined to:

(a) be substantially responsive to the bidding document;

(b) offer the ‘lowest evaluated total cost’ [or when permitted, Most Economically Advantageous Tender] to the Purchaser for all items to be procured based on either a single Contract or all multiple Contracts combined, as the case may be, in accordance with the ITB 14.6 inviting bid prices and discounts, and provisions made in the Bidding Document for evaluation of bids and award of contract (s); and

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(c) be offered by Bidder or Bidders that substantially meet the qualification criteria applicable for Contract or Contracts for which they are selected.

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Section IV - Bidding FormsTable of Forms

Letter of Bid – Technical Part...............................................................................77

Appendix A to Technical Part...............................................................................80

Technical Bid-Base Bid........................................................................................80

Appendix A to Technical Part...............................................................................82

Technical Bid-Alternative Bid..............................................................................82

Appendix B to Technical Part:.............................................................................83

Bidder's Qualification..........................................................................................83

Appendix B to Technical Part: Bidder's Qualification - Form ELI-1.1....................84

Appendix B to Technical Part: Bidder's Qualification JV Members - Form ELI-1.2 85

Appendix B to Technical Part: Bidder's Qualification...........................................87

Appendix B to Technical Part: Bidder's Qualification - Form FIN – 3.1.................89

Appendix B to Technical Part: Bidder's Qualification - Form FIN – 3.2.................91

Appendix B to Technical Part: Bidder's Qualification - Form Exp-1......................92

Appendix B to Technical Part: Bidder's Qualification Manufacturer’s Authorization94

Appendix C to Technical Part: Bid Security.........................................................95

Appendix C to Technical Part: Bid Security (Bank Guarantee)............................96

Appendix C to Technical Part: Bid Security (Bid Bond)........................................98

Appendix C to Technical Part: Bid Security Form of Bid-Securing Declaration. .100

Appendix D to Technical Part: Commercial Terms and Conditions....................101

Letter of Bid - Financial Part-Base Bid...............................................................102

Appendix E to Financial Part-Base Bid - Price Schedule Forms..........................106

Appendix E: Price Schedule Form: Goods Manufactured Outside the Purchaser’s Country, to be Imported....................................................................................107

Appendix E: Price Schedule Form: Goods Manufactured Outside the Purchaser’s Country, already imported*...............................................................................108

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Appendix E: Price Schedule Form: Goods Manufactured in the Purchaser’s Country110

Appendix E: Price and Completion Schedule Form- Related Services...............111

Letter of Bid Financial Part-Alternative Bid........................................................113

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Letter of Bid – Technical PartINSTRUCTIONS TO BIDDERS: DELETE THIS BOX ONCE YOU HAVE COMPLETED THE DOCUMENTPlace this Letter of Bid in the first envelope “TECHNICAL PART”.

The Bidder must prepare the Letter of Bid on stationery with its letterhead clearly showing the Bidder’s complete name and business address.

Note: All italicized text in black font is to help Bidders in preparing this form and Bidders shall delete it from the final document.

Date of this Bid submission: [insert date (as day, month and year) of Bid submission]OCBI/LCB No.: [insert number as in procurement plan]Invitation for Bid No.: [insert identification]Alternative No.: [insert identification No if this is a Bid for an alternative]

To: [insert complete name of Purchaser]

We, the undersigned Bidder, hereby submit our Bid, in two parts, namely:(a) the Technical Part, and(b) the Financial Part.

In submitting our Bid, we make the following declarations: (a) No reservations: We have examined and have no reservations to the

bidding document, including addenda issued in accordance with Instructions to Bidders (ITB 8);

(b) Eligibility: We meet the eligibility requirements and have no conflict of interest in accordance with ITB 4;

(c) Bid-Securing Declaration: We have not been suspended nor declared ineligible by the Purchaser based on execution of a Bid Securing Declaration in the Purchaser’s country in accordance with ITB 4.7;

(d) Conformity: We offer to supply in conformity with the bidding document and in accordance with the Delivery Schedules specified in the Schedule of Requirements the following Goods: [insert a brief description of the Goods and Related Services];

(e) Bid Validity Period: Our Bid shall be valid for the period specified in BDS 18.1 (as amended, if applicable) from the date fixed for the Bid submission deadline specified in BDS 22.1 (as amended, if applicable),

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and it shall remain binding upon us, and may be accepted at any time before the expiration of that period;

(f) Performance Security: If our Bid is accepted, we commit to obtain a performance security in accordance with the bidding document;

(g) One Bid per Bidder: We are not submitting any other Bid(s) as an individual Bidder, and we are not participating in any other bid(s) as a Joint Venture member or as a subcontractor, and meet the requirements of ITB 4.3, other than Alternative Bids submitted in accordance with ITB 13;

(h) Suspension and Debarment: We, along with any of our subcontractors, suppliers, consultants, manufacturers, or service providers for any part of the contract, are not subject to, and not controlled by any entity or individual that is subject to, a temporary suspension or a debarment imposed by the Bank or a debarment imposed by the Bank in accordance with the Agreement for Mutual Enforcement of Debarment Decisions between the Bank and other development banks. Further, we are not ineligible under the Purchaser’s country laws or official regulations or pursuant to a decision of the United Nations Security Council;

(i) State-owned enterprise or institution: [select the appropriate option and delete the other] [We are not a state-owned enterprise or institution] / [We are a state-owned enterprise or institution but meet the requirements of ITB 4.6];

(j) Binding Contract: We understand that this Bid, together with your written acceptance thereof included in your Letter of Acceptance, shall constitute a binding contract between us, until a formal contract is prepared and executed;

(k) Not Bound to Accept: We understand that you are not bound to accept the lowest evaluated cost Bid, [the Most Economically Advantageous Tender] or any other Bid that you may receive; and

(l) Fraud and Corruption: We hereby certify that we have taken steps to ensure that no person acting for us, or on our behalf, engages in any type of Fraud and Corruption.

Name of the Bidder: *[insert complete name of Bidder]Name of the person duly authorized to sign the Bid on behalf of the Bidder: ** [insert complete name of person duly authorized to sign the Bid]

Title of the person signing the Bid: [insert complete title of the person signing the Bid]

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Signature of the person named above: [insert signature of person whose name and capacity are shown above]

Date signed [insert date of signing] day of [insert month], [insert year]

* In the case of the Bid submitted by a Joint Venture specify the name of the Joint Venture (JV) as Bidder or names of all members (partners) of JV and sign on behalf of the JV and not on behalf of only one member that has been given power of attorney.

** Person signing the Bid shall have the power of attorney given by the Bidder. If the Bidder is a JV the power of attorney shall be given by the JV or by all members of the JV. The power of attorney shall be attached with the Bid Schedules.

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Appendix A to Technical Part Technical Bid-Base Bid

OCBI/LCB No. [Purchaser to insert OCBI No. as in procurement plan]

[Note for information of Bidder: Bidder shall demonstrate compliance with the Purchaser’s requirements and Technical Specifications as described in Section VII of the Bidding Documents. Any departures or deviations from the required Technical Specifications shall be highlighted and if there are none, full compliance shall be confirmed.

The Bidder shall provide complete information and documentation of technical standards, codes, designs and specifications, of Goods and Related Services offered along with Model number or any other identification number of the manufacturer wherever applicable and in accordance with all requirements mentioned in ITB 16. Bidding document may stipulate a Table, Form, or Template to present Technical designs, specification, characteristics, functional or other guaranteed parameters, the Bidder shall invariably use the same without any changes and ensure that all requested details and supporting documents are provided. Lack or omission or non-confirmation of substantial details, information and documentation for major or essential technical requirements/features may result in rejection of the Bid.

If the details of specifications for the offered Goods in the written text of the Bid differ from the details provided in the supporting literature, drawings or other parts of the document, all such discrepancies shall be explained to the satisfaction of the Purchaser failing which the Purchaser, may reject the Bid, or if deemed appropriate, may consider the information in the written text of the Bid to be valid ignoring details in other parts of the Bid. Failure of the Bidder to confirm this will result in rejection of the Bid.

Bid shall establish conformity with the Purchaser’s Specifications and requirements as specified in the Bidding Document along with all supporting documents mentioned in ITB 16. The documentary evidence may be in the form of literature, drawings or data, and shall consist of a detailed item by item description of the essential technical and performance characteristics of the Goods and Related Services, demonstrating substantial responsiveness of the Goods and Related Services to the technical specification, and if applicable, a statement of deviations and exceptions to the provisions of the Section VII, Schedule of Requirements.

Any deviations in the technical standards, codes, designs or specifications or other requirements from those stated in the Bidding Documents shall be explained indicating their impact on the performance requirements,

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characteristics or parameters of the Goods and Related Services required. To this end, for any such deviations to be acceptable, Bid shall establish substantial responsiveness to the required technical specifications by explaining and documenting for the offered Goods, and Related Services equivalency with or improvement to the required technical standards, codes, designs and Specifications.

Any Major deviation from the Purchaser’s requirements shall be the cause for rejection of the Bid. Any deviation which in the Bidder’s opinion is considered minor, the Bidder shall provide evidence to this effect including evidence of any monetary implications caused by such deviation. The Purchaser’s evaluation shall be independent of Bidder’s opinion on such matters and shall be final]

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Appendix A to Technical Part

Technical Bid-Alternative Bid (If permitted in the Bidding Document)

OCBI/LCB No. [Purchaser to insert OCBI/LCB No. as in procurement plan]

[Note for information of Bidder: Text under Appendix A applicable for the Base Bid is also applicable for Alternative Bid. In addition, the Bidder shall explain and establish to the satisfaction of the Purchaser how the specification under the Alternative bid is equal or better than the Purchaser’s required Specifications and that offered in the Base Bid when Alternative Bid is permitted only with the Base Bid]

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Appendix B to Technical Part:

Bidder's Qualification

[Bidder shall fill in all required information in attached forms supported by copies of documents, contracts, audited financial statements or Bank statements as required]

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Appendix B to Technical Part: Bidder's Qualification

Bidder Information Form -Form ELI-1.1[The Bidder shall fill in this Form in accordance with the instructions indicated below. No alterations to its format shall be permitted and no substitutions shall be accepted.]

Date: [insert date (as day, month and year) of Bid submission]

OCBI/LCB No.: [insert number as in procurement plan]Alternative No.: [insert identification No if this is a Bid for an

alternative]

Page ________ of_______ pages

1. Bidder’s Name [insert Bidder’s legal name]2. In case of JV, legal name of each member: [insert legal name of each member

in JV]3. Bidder’s actual or intended country of registration: [insert actual or intended country of registration]

4. Bidder’s year of registration: [insert Bidder’s year of registration]

5. Bidder’s Address in country of registration: [insert Bidder’s legal address in country of registration]

6. Bidder’s Authorized Representative Information Name: [insert Authorized Representative’s name] Address: [insert Authorized Representative’s Address] Telephone/Fax numbers: [insert Authorized Representative’s telephone/fax numbers] Email Address: [insert Authorized Representative’s email address]

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7. Attached are copies of original documents of [check the box(es) of the attached original documents] Articles of Incorporation (or equivalent documents of constitution or

association), and/or documents of registration of the legal entity named above, in accordance with ITB 4.4.

In case of JV, letter of intent to form JV or JV agreement, in accordance with ITB 4.1.

In case of state-owned enterprise or institution, in accordance with ITB 4.6 documents establishing:

Legal and financial autonomy Operation under commercial law Establishing that the Bidder is not under the supervision of the Purchaser

8. Included are the organizational chart, a list of Board of Directors, and the beneficial ownership. [If required under BDS ITB 48.1, the successful Bidder shall provide additional information on beneficial ownership, using the Beneficial Ownership Disclosure Form.]

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Section IV – Bidding Forms 90

Appendix B to Technical Part: Bidder's Qualification

Bidder’s JV Members Information Form-Form ELI-1.2

[The Bidder shall fill in this Form in accordance with the instructions indicated below. The following table shall be filled in for the Bidder and for each member of a Joint Venture].

Date: [insert date (as day, month and year) of Bid submission]

OCBI/LCB No.: [insert number as in procurement plan]Alternative No.: [insert identification No if this is a Bid for an

alternative]

Page ________ of_ ______ pages

1. Bidder’s Name: [insert Bidder’s legal name]

2. Bidder’s JV Member’s name: [insert JV’s Member legal name]

3. Bidder’s JV Member’s country of registration: [insert JV’s Member country of registration]

4. Bidder’s JV Member’s year of registration: [insert JV’s Member year of registration]

5. Bidder’s JV Member’s legal address in country of registration: [insert JV’s Member legal address in country of registration]

6. Bidder’s JV Member’s authorized representative informationName: [insert name of JV’s Member authorized representative]

Address: [insert address of JV’s Member authorized representative]

Telephone/Fax numbers: [insert telephone/fax numbers of JV’s Member authorized representative]

Email Address: [insert email address of JV’s Member authorized representative]

7. Attached are copies of original documents of [check the box(es) of the attached original documents] Articles of Incorporation (or equivalent documents of constitution or

association), and/or registration documents of the legal entity named above, in accordance with ITB 4.4.

In case of a state-owned enterprise or institution, documents establishing legal and financial autonomy, operation in accordance with commercial law, and that they are not under the supervision of the Purchaser, in

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Section IV – Bidding Forms 91

accordance with ITB 4.6.8. Included are the organizational chart, a list of Board of Directors, and

the beneficial ownership. [If required under BDS ITB 48.1, the successful Bidder shall provide additional information on beneficial ownership for each JV member using the Beneficial Ownership Disclosure Form.]

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Section IV – Bidding Forms 92

Appendix B to Technical Part: Bidder's Qualification

Historical Contract Non-Performance - Pending Litigation -Litigation History - Form CON-2Bidder’s Legal Name: _______________________ Date: _____________________JV Member’s Legal Name: __________________________________________________OCBI No.: [Insert No as in procurement plan] __________________

Page _______ of _______ pages

Non-Performing Contracts in accordance with Section III, Evaluation Criteria Contract non-performance did not occur during the stipulated period, in

accordance with Section III, Evaluation Criteria

Contract non-performance during the stipulated period, in accordance with Section III, Evaluation Criteria. List all Non-performed contracts since date specified in the Section III.

Year

Non- performed portion

of contract

Contract Identification

Total Contract Amount (current value,

currency, exchange rate and

US$ equivalent)

[insert year]

[insert amount and percentage]

Contract Identification: [indicate complete contract name/ number, and any other identification]Name of Purchaser: [insert full name]Address of Purchaser: [insert street/city/ country]Reason(s) for non-performance: [indicate main reason(s)]

[insert amount]

Pending Litigation, in accordance with Section III, Evaluation Criteria

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No pending litigation in accordance Section III, Evaluation Criteria Pending litigation in accordance with Section III, Evaluation Criteria, as

indicated below. List all pending litigation contracts.

YearBrief

reasons for

litigation

Contract Identification

Total Contract Amount (current

value, US$ equivalent)

Contract Identification:Name of Purchaser:Address of Purchaser:Matter in dispute:Amount in dispute

Contract Identification:Name of Purchaser:Address of Purchaser:Matter in dispute:Amount in dispute:

Litigation History in accordance with Section III—List all contracts since the date specified in Section III indicating:

YearBrief reasons for litigation

Contract Identification:Name of Purchaser:Address of Purchaser:Matter in dispute:Amount in disputeCourt or Arbitral award decision:

Total Contract Amount (current value, US$ equivalent)

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Section IV – Bidding Forms 94

Appendix B to Technical Part: Bidder's Qualification

Financial SituationForm FIN – 3.1Historical Financial Performance

Bidder’s Legal Name: _______________________ Date: _____________________JV Member’s Legal Name: __________________________________________________OCBI/LCB No.: ________________________________ [Insert No. as in procurement plan] Page _______ of _______ pages

To be completed by the Bidder and, if JV, by each member

Financial information in US$ equivalent

Historic information for previous ______ (__) years(US$ equivalent in 000s)

Year 1

Year 2

Year 3 Year … Year n Avg. Avg.

Ratio

Information from Balance SheetTotal Assets (TA)Total Liabilities (TL)Net Worth (NW)Current Assets (CA)Current Liabilities (CL)Information from Income StatementTotal Revenue (TR)

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Profits Before Taxes (PBT)

Attached are copies of financial statements (balance sheets, including all related notes, and income statements) for the years required above complying with the following conditions:

(a) Must reflect the financial situation of the Bidder or partner to a JVCA, and not sister or parent companies;

(b) Historic financial statements must be audited by a certified accountant;(c) Historic financial statements must be complete, including all notes to the

financial statements;(d) Historic financial statements must correspond to accounting periods

already completed and audited (no statements for partial periods shall be requested or accepted).

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Appendix B to Technical Part: Bidder's Qualification

Average Annual Turnover

Form FIN – 3.2

Bidder’s Legal Name: ___________________________ Date: _____________________JV Member Legal Name: __________________________________________________________________OCBI/LCB No.: [Insert No. as in procurement plan]

Page _______ of _______ pages

To be completed by the Bidder and, if JV, by each member

Annual turnover data

Year Amount and Currency US$ equivalent

*Average Annual

Turnover

* Average annual turnover calculated as total certified payments received for supply in progress or completed, divided by the number of years as per Section III, Evaluation Criteria.

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Appendix B to Technical Part: Bidder's Qualification

Experience—Form Exp-1Bidder’s Legal Name: ___________________________ Manufacturer’s Legal name: _______________________ Date: _____________________JV ‘s Legal Name: ________________ OCBI/LCB No.: [Insert No. as in procurement plan]Page _______ of _______ pagesIf Bidder is a JV specify only those contracts that were performed by the same JV.Complete all information requested below that are required to assess Bidder’s qualifications as per post qualification criteria specified under Section IIITo be completed by Bidder, Bidder and Manufacturer if Bidder is not the Manufacturer, and by JV if JV is the Bidder

Similar Contract Number: ___ of ___ required. Information

Contract IdentificationAward date Completion dateRole in Contract

Total contract amount US$_______Purchaser’s Name:Address:Telephone/fax number:E-mail:Description of GoodsQuantity of Goods supplied under this contract

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Similar Contract Number: ___ of ___ required. Information

Quantity of Goods supplied under all other contracts since the date indicated in Section III-Provide similar separate details as for this contract for all such other contracts

Form Exp-1 continuedFirst date of manufacturing similar goods as offered in the bidPeriod of Successful use/operation –Number of Years

Installed manufacturing capacity —Number of units per month of item (s) specified in section III Demonstrated proven capacity to supply since the date and for Item (s) specified in Section III

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Appendix B to Technical Part: Bidder's Qualification

Manufacturer’s Authorization [The Bidder shall require the Manufacturer to fill in this Form in accordance with the instructions indicated. This letter of authorization should be on the letterhead of the Manufacturer and should be signed by a person with the proper authority to sign documents that are binding on the Manufacturer. The Bidder shall include it in its Bid, if so, indicated in the BDS.]

Date: [insert date (as day, month and year) of Bid submission]

OCBI/LCB No.: [insert number as in procurement plan]Alternative No.: [insert identification No if this is a Bid for an

alternative]

To: [insert complete name of Purchaser]

WHEREAS

We [insert complete name of Manufacturer], who are official manufacturers of [insert type of goods manufactured], having factories at [insert full address of Manufacturer’s factories], do hereby authorize [insert complete name of Bidder] to submit a Bid the purpose of which is to provide the following Goods, manufactured by us [insert name and or brief description of the Goods], and to subsequently negotiate and sign the Contract.

We hereby extend our full guarantee and warranty in accordance with Clause 28 of the General Conditions of Contract, with respect to the Goods offered by the above firm.

Signed: [insert signature(s) of authorized representative(s) of the Manufacturer]

Name: [insert complete name(s) of authorized representative(s) of the Manufacturer]Title: [insert title]

Dated on ____________ day of __________________, _______ [insert date of signing]

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Section IV – Bidding Forms 100

Appendix C to Technical Part: Bid Security[Borrower to retain applicable form of Bid Security as specified in the BDS under ITB 19.1 and delete the remaining forms under Appendix C]

Appendix C to Technical Part: Bid Security

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Section IV – Bidding Forms 101

Form of Bid Security(Bank Guarantee)[The bank shall fill in this Bank Guarantee Form in accordance with the instructions indicated.]

[Guarantor letterhead or SWIFT identifier code]

Beneficiary: [Purchaser to insert its name and address] IFB No.: [Purchaser to insert same IFB number as advertised and Guarantor to indicate the same in his Guarantee]Alternative No.: [Insert identification No if this is a Bid for an alternative]OCBI No.: [Purchaser to insert same OCBI number as in the procurement plan and Guarantor to indicate the same in his Guarantee]Date: [Insert date of issue] BID GUARANTEE No.: [Insert guarantee reference number]Guarantor: [Insert name and address of place of issue, unless indicated in the letterhead]

We have been informed that ______ [insert name of the Bidder, which in the case of a joint venture shall be the name of the joint venture (whether legally constituted or prospective) or the names of all members thereof] (hereinafter called "the Applicant") has submitted or will submit to the Beneficiary its Bid (hereinafter called "the Bid") for the execution of ________________ under Invitation for Bids No. __________ _ (“the IFB”) and Open Competitive Bidding (International) No--------------------- (“ the OCBI”).

Furthermore, we understand that, according to the Beneficiary’s conditions, Bids must be supported by a Bid guarantee.

At the request of the Applicant to issue this guarantee, we, as Guarantor, hereby irrevocably undertake to pay the Beneficiary any sum or sums not exceeding in total an amount of ___________ (____________) upon receipt by us of the Beneficiary’s complying demand, supported by the Beneficiary’s statement, whether in the demand itself or a separate signed document accompanying or identifying the demand, stating that either the Applicant:

(a) has withdrawn its Bid during the period of Bid validity set forth in the Applicant’s Letter of Bid (“the Bid Validity Period”), or any extension thereto provided by the Applicant; or

(b) having been notified of the acceptance of its Bid by the Beneficiary during the Bid Validity Period or any extension thereto provided by the Applicant, (i) has failed to sign the contract agreement, or (ii) has failed to furnish the performance security, in accordance with the Instructions to Bidders (“ITB”) of the Beneficiary’s bidding document.

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This guarantee will expire: (a) if the Applicant is the successful Bidder, upon our receipt of copies of the Contract agreement signed by the Applicant and the performance security issued to the Beneficiary in relation to such Contract agreement; or (b) if the Applicant is not the successful Bidder, upon the earlier of (i) our receipt of a copy of the Beneficiary’s notification to the Applicant of the results of the Bidding process; or (ii) twenty-eight days after the end of the Bid Validity Period. Consequently, any demand for payment under this guarantee must be received by us at the office indicated above on or before that date.This guarantee is subject to the Uniform Rules for Demand Guarantees (URDG) 2010 Revision, ICC Publication No. 758.

_____________________________[Signature(s)]

Note: All italicized text is for use in preparing this form and shall be deleted from the final product.

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Appendix C to Technical Part: Bid SecurityForm of Bid Security (Bid Bond)[The Surety shall fill in this Bid Bond Form in accordance with the instructions indicated.]

Date: ________________ [date (as day, month and year)]IFB No.: _____________________OCBI No.: ____________ [number as in procurement plan].Alternative No.: ______ [insert identification No if this is a Bid for an

alternative]BOND NO. ______________________

BY THIS BOND [name of Bidder] as Principal (hereinafter called “the Principal”), and [name, legal title, and address of surety], authorized to transact business in [name of country of Purchaser], as Surety (hereinafter called “the Surety”), are held and firmly bound unto [name of Purchaser] as Obligee (hereinafter called “the Purchaser”) in the sum of [amount of Bond]1 [amount in words], for the payment of which sum, well and truly to be made, we, the said Principal and Surety, bind ourselves, our successors and assigns, jointly and severally, firmly by these presents.WHEREAS the Principal has submitted or will submit a written Bid to the Purchaser dated the ___ day of ______, 20__, for the supply of [name of Contract] (hereinafter called the “Bid”).NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if the Principal:(a) has withdrawn its Bid during the period of Bid validity set forth in the

Principal’s Letter of Bid (“the Bid Validity Period”), or any extension thereto provided by the Principal; or

(b) having been notified of the acceptance of its Bid by the Purchaser during the Bid Validity Period or any extension thereto provided by the Principal; (i) failed to execute the Contract agreement; or (ii) has failed to furnish the Performance Security, in accordance with the Instructions to Bidders (“ITB”) of the Purchaser’s bidding document.

then the Surety undertakes to immediately pay to the Purchaser up to the above amount upon receipt of the Purchaser’s first written demand, without the Purchaser having to substantiate its demand, provided that in its demand the Purchaser shall state that the demand arises from the

1 The amount of the Bond shall be denominated in the currency of the Purchaser’s country or the equivalent amount in a freely convertible currency.

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Section IV – Bidding Forms 104

occurrence of any of the above events, specifying which event(s) has occurred. The Surety hereby agrees that its obligation will remain in full force and effect up to and including the date 28 days after the date of expiration of the Bid Validity Period set forth in the Principal’s Letter of Bid or any extension thereto provided by the Principal. IN TESTIMONY WHEREOF, the Principal and the Surety have caused these presents to be executed in their respective names this ____ day of ____________ 20__.

Principal: _______________________ Surety: _________________________

Apply Corporate Seal (where appropriate)

______________________________________________________________

(Signature) (Signature) (Printed name and title) (Printed name and title)

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Appendix C to Technical Part: Bid SecurityForm of Bid-Securing Declaration [The Bidder shall fill in this Form in accordance with the instructions indicated.]

Date: [date (as day, month and year)]OCBI No.: [number as in procurement plan]Alternative No.: [insert identification No if this is a Bid for an alternative]

To: [complete name of Purchaser]

We, the undersigned, declare that: We understand that, according to your conditions, Bids must be supported by a Bid-Securing Declaration.We accept that we will automatically be suspended from being eligible for Bidding in any contract with the Purchaser for the period of time of [insert number of months or years consistent with BDS 19.9] if we are in breach of our obligation(s) under the Bid conditions, because we:(a) have withdrawn our Bid during the period of Bid validity specified in

the Letter of Bid; or(b) having been notified of the acceptance of our Bid by the Purchaser

during the period of Bid validity, (i) fail or refuse to sign the Contract; or (ii) fail or refuse to furnish the Performance Security, if required, in accordance with the ITB.

The start date of suspension shall be the first date we perform any of the actions mentioned in paragraphs (a) and (b) above. We understand this Bid Securing Declaration shall expire if we are not the successful Bidder, upon the earlier of (i) our receipt of your notification to us of the name of the successful Bidder; or (ii) twenty-eight days after the expiration of our Bid.Name of the Bidder* Name of the person duly authorized to sign the Bid on behalf of the Bidder** _______Title of the person signing the Bid ______________________Signature of the person named above ______________________Date signed ________________________________ day of ___________________, _____

* In the case of the Bid submitted by joint venture specify the name of the Joint Venture as Bidder

** Person signing the Bid shall have the power of attorney given by the Bidder attached to the Bid

[Note: In case of a Joint Venture, the Bid-Securing Declaration must be in the name of all members to the Joint Venture that submits the Bid.]

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Appendix D to Technical Part: Commercial Terms and Conditions

[Bidder shall specify any deviations to the provisions of the Bidding Document (other than Techncial Specfications which is covered by Appendix A) in particular those specified in Part 3 of the Bidding document including General and Special Conditions of Contract. If “None” it shall be confirmed accordingly]

Letter of Bid - Financial Part-Base Bid

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Section IV – Bidding Forms 107

INSTRUCTIONS TO BIDDERS: DELETE THIS BOX ONCE YOU HAVE COMPLETED THE DOCUMENTPlace this Letter of Bid - Financial Part in the second envelope marked “FINANCIAL PART”.

The Bidder must prepare the Letter of Bid - Financial Part on stationery with its letterhead clearly showing the Bidder’s complete name and business address.

Note: All italicized text is to help Bidders in preparing this form.

Date of this Bid submission: [insert date (as day, month and year) of Bid submission]OCBI No.: [insert number as in procurement plan and indicated in the Bidding Document]Invitation for Bid No.: [insert same IFB No. as advertised]

To: [insert complete name of Purchaser]

We, the undersigned Bidder, hereby submit the second part of our Bid, the Financial PartIn submitting our Financial Part, we make the following additional declarations:

(a) Bid Validity Period: Our Bid shall be valid for the period specified in BDS 18.1 (as amended, if applicable) from the date fixed for the bid submission deadline specified in BDS 22.1 (as amended, if applicable), and it shall remain binding upon us and may be accepted at any time before the expiration of that period;

(b) Total Price: The total price of our Bid, excluding any discounts offered in item (c) below is: Option 1: Procurement of one or several Items--Item-wise: (a) Total bid price of each item in words and figures, indicating item

number and total amounts of respective currencies in which bid prices for that item have been submitted and payment requested: (b) .Grand Total Bid Price of all Bid items in respective currencies. Use the following format.

Item No. Total Price of each item in quoted currency (ies) in words and figure

1; 2; etc.

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Grand Total Bid Price of all Bid Items: Currency A-----; Currency B--------, etc. in words and figuresOr

Option 2: Procurement of items in one or several Lots---Lot-wise- each lot containing one or more items:

(a) Total bid price of each lot in words and figures, indicating lot number and total amounts of respective currencies in which bid prices for that lot have been submitted and payment requested: (b) Grand Total Bid Price of all Bid lots in respective currencies. Use the folloing format.

Lot No. Total Price of each lot in quoted currency (ies) in words and figure

1; 2; etc.

Grand Total Bid Price of all Bid lots: Currency A-----; Currency B--------, etc. in words and figures

Or

Option 3: Procurement of itmes in one or several Packages—each package containing one more lots:

(a) Total bid price of each lot of the package and total bid price of each package in words and figures, indicating lot numbers and corresponding package number and total amounts of respective currencies in which bid prices for each package have been submitted and payment requested: (b) Grand Total Bid Price of all Bid packages in respective currencies. Use the following format.

Package No Lot No Total Price of each lot in quoted currency(ies) in words and figures

1 Lot 1Lot 2, etc.

Total Price of Package 1=Total Price of Lots 1, 2, etc.=

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Section IV – Bidding Forms 109

Package No Lot No Total Price of each lot in quoted currency(ies) in words and figures

2 1Lot 2, etc.

Total Price of Package 2=Total Price of Lots 1, 2, etc.=

Grand Total Bid Price of all Bid packages: -------------Currency A-----------; Currency B ------------------etc.-in words and figures.

(c) Discounts: The discounts offered and the methodology for their application are: (i) The discounts offered are: [Specify in detail each discount offered](ii) The exact method of calculations to determine the net price of each

item, and in case of multiple lots or multiple packages, net price of each item, each lot and each package, as applicable, after application of discounts is shown below: [Specify in detail the method that shall be used to apply the discounts and ensure clarity, unambiguity, etc. in accordance with ITB 14.7 ];

(d) Commissions, gratuities and fees: We have paid, or will pay the following commissions, gratuities, or fees with respect to the bidding process or execution of the Contract: [insert complete name of each Recipient, its full address, the reason for which each commission or gratuity was paid and the amount and currency of each such commission or gratuity].

Name of Recipient Address Reason Amount

(If none has been paid or is to be paid, indicate “none.”)

(e) Binding Contract: We understand that this Bid, together with your written acceptance thereof included in your Letter of Acceptance, shall constitute a binding contract between us, until a formal contract is prepared and executed.

Name of the Bidder: *[insert complete name of the Bidder]Name of the person duly authorized to sign the Bid on behalf of the Bidder: ** [insert complete name of person duly authorized to sign the Bid]

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Title of the person signing the Bid: [insert complete title of the person signing the Bid]Signature of the person named above: [insert signature of person whose name and capacity are shown above]Date signed [insert date of signing] day of [insert month], [insert year]

* In the case of the Bid submitted by a Joint Venture specify the name of the Joint Venture as Bidder.

** Person signing the Bid shall have the power of attorney given by the Bidder. The power of attorney shall be attached with the Bid Schedules

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Appendix E to Financial Part-Base Bid

Price Schedule Forms[The Bidder shall fill in these Price Schedule Forms in accordance with the instructions indicated. The list of line items in column 1 of the Price Schedules shall coincide with the List of Goods and Related Services specified by the Purchaser in the Schedule of Requirements.]

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112 Section IV – Bidding Forms

Appendix E to Financial Part-Base BidPrice Schedule Form: Goods Manufactured Outside the Purchaser’s Country, to be Imported

(Group C Bids, goods to be imported)

Currencies in accordance with ITB 15

Date: _________________________OCBI/LCB No: _____________________Alternative No: ________________Page N ______ of ______

1 2 3 4 5 6 7 8 9Line Item

N

Description of Goods

Country of Origin

Delivery Date as

defined by Incoterms

Quantity and physical unit

Unit price CIP [insert place of destination] as specified in BDSin accordance with ITB 14.9(b)(i)

[Include herein the cost applicable under column 8 if the destination is the same as final destination and indicate under column 6 “Unit price CIP final destination”]

CIP Price per line item

(Col. 5x6)

Price per line item for inland transportation and other services required in the Purchaser’s Country to convey the Goods to their final destination as specified in BDS in accordance with ITB 14.9 (b) (ii)[This column is not applicable if destination as per column 6 under ITB 14.9 (b) (i) and final destination as per ITB 14.9 (b) (ii) is the same]

Total Price per Line item (Col. 7+8)

[insert number of the item]

[insert name of good]

[insert country of origin of the Good]

[insert quoted Delivery Date]

[insert number of units to be supplied and name of the physical unit]

[insert unit price CIP per unit]

[insert total CIP price per line item]

[insert the corresponding price per line item]

[insert total price of the line item]

Total PriceName of Bidder [insert complete name of Bidder] Signature of Bidder [signature of person signing the Bid] Date [Insert Date]

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Section IV – Bidding Forms 113

Appendix E: Financial Part-Base BidPrice Schedule Form: Goods Manufactured Outside the Purchaser’s Country,

already imported*(Group C Bids, Goods already imported)

Currencies in accordance with ITB 15

Date:_________________________OCBI/LCB No: _____________________Alternative No: ________________Page N ______ of ______

1 2 3 4 5 6 7 8 9 10 11 12***

Line ItemN

Description of Goods

Country of Origin

Delivery Date as defined

by Incoterms

Quantity and

physical unit

Unit price including Custom

Duties and Import

Taxes paid, in

accordance with ITB 14.9(c)(i)

Custom Duties and Import

Taxes paid per unit in

accordance with ITB

14.9(c)(ii) , [to be supported

by documents] **

Unit Price net of

custom duties and

import taxes, in

accordance with ITB

14.9 (c) (iii) (Col. 6

minus Col.7)

Price per line item net of

Custom Duties and

Import Taxes paid, in

accordance with ITB 14.9(c)(i)(Col. 58)

Price per line item for inland transportation

and other services

required in the Purchaser’s Country to convey the

goods to their final

destination, as specified in

BDS in accordance

with ITB 14.9 (c)(v)

Sales and other taxes

paid or payable per

item if Contract is awarded (in accordance

with ITB 14.9(c)(iv)

Total Price per line item

(Col. 9+10)

[insert number of the item]

[insert name of Goods]

[insert country of origin of the Good]

[insert quoted Delivery Date]

[insert number of units to be supplied and name of the physical unit]

[insert unit price per unit]

[insert custom duties and taxes paid per unit]

[insert unit price net of custom duties and import taxes]

[ insert price per line item net of custom duties and import taxes]

[insert price per line item for inland transportation and other services required in the Purchaser’s Country]

[insert sales and other taxes payable per item if Contract is awarded]

[insert total price per line item]

Total Bid Price

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114 Section IV – Bidding Forms

Name of Bidder [insert complete name of Bidder] Signature of Bidder [signature of person signing the Bid] Date [insert date]

* [For previously imported Goods, the quoted price shall be distinguishable from the original import value of these Goods declared to customs and shall include any rebate or mark-up of the local agent or representative and all local costs except import duties and taxes, which have been and/or have to be paid by the Purchaser. For clarity the Bidders are asked to quote the price including import duties, and additionally to provide the import duties and the price net of import duties which is the difference of those values.]

** i) No Supporting documents for customs duties and import taxes already paid or to be paid shall be accepted unless such documents establish beyond any reasonable doubt the actual amounts of customs duties and import taxes actually paid by the Bidder for each item for which the Bid is submitted and amount shown in the documents tally with the amounts indicted in the price schedule under column 7 of the Bid. Similarly, for amount yet to be paid, the Bidder shall provide documents from concerned governmental authorities indicating amounts of such duties and taxes to be paid for each item of the Bid. A Bid submitted with supporting documents not in conformance with the above requirement shall be rejected. To this end any falsified information on payment of such duties and taxes or falsification of document in support shall be treated seriously in accordance with Bank’s Integrity Framework and as per Section VI -Fraud and Corruption;

ii) If the Bidder is unable to submit supporting evidence for past or future payment of customs duties and import taxes in accordance with requirements under i) above, for justified reasons, such Bid may not be rejected unless the Bidder does not accept the following procedure for the purpose of comparison and evaluation of its bid which disallows the benefit that would have otherwise accrued to the Bidder for payment of customs duties and taxes in comparison of bids had it not failed to submit the supporting documents. Accordingly, for the purpose of evaluation, the amount of customs duties and import taxes whether indicated under column 7 of the price schedule or not will be treated as “0” “Zero” and the price per line item under column 9 will be calculated as: [5x6] and total price per line item under column 12 will be calculated as: [5x 6 + 10]. If the Bidder is successful on this basis it will be selected for award and contract amount will be = [5x6+ 10+11]. If the Bidder does not accept the above approach for evaluation, the Bid shall be rejected.

*** [Total contract amount will be [7+11+12] [In case of Bid at (ii) above all calculations shall be based on value of 7 as “0” “Zero”]

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Section IV – Bidding Forms 115

Appendix E to Financial Part-Base BidPrice Schedule Form: Goods Manufactured in the Purchaser’s Country

Purchaser’s Country______________________

(Group A and B Bids)

Currencies in accordance with ITB 15

Date: _________________________OCBI/LCB No: __________________Alternative No: ________________Page N ______ of ______

1 2 3 4 5 6 7 8 9 10Line Item

NDescription of Goods Delivery

Date as defined by Incoterms

Quantity and

physical unit

Unit price EXW

Total EXW price per line item

(Col. 45)

Price per line item for inland transportation and other services

required in the Purchaser’s Country to convey the Goods

to their final destination

Cost of local labor, raw

materials and components

from with origin in the

Purchaser’s Country

% of Col. 5

Sales and other taxes payable per line item if Contract is awarded (in

accordance with ITB 14.9(a)(ii)

Total Price per line item(Col. 6+7)

[insert number of the item]

[insert name of Good] [insert quoted Delivery Date]

[insert number of units to be supplied and name of the physical unit]

[insert EXW unit price]

[insert total EXW price per line item]

[insert the corresponding price per line item]

[Insert cost of local labor, raw material and components from within the Purchase’s country as a % of the EXW price per line item]

[insert sales and other taxes payable per line item if Contract is awarded]

[insert total price per item]

Total PriceName of Bidder [insert complete name of Bidder] Signature of Bidder [signature of person signing the Bid] Date [insert date]

Appendix E to Financial Part-Base BidPrice and Completion Schedule Form- Related Services

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116 Section IV – Bidding Forms

Currencies in accordance with ITB 15

Date:_________________________OCBI/LCB No: _____________________Alternative No: ________________Page N ______ of ______

1 2 3 4 5 6 7Service

NDescription of Services (excludes inland

transportation and other services required in the Purchaser’s Country to convey the

goods to their final destination)

Country of Origin

Delivery Date at place of Final destination

Quantity and physical unit Unit price Total Price per Service

(Col. 5*6 or estimate)

[insert number of the Service]

[insert name of Services] [insert country of origin of the Services]

[insert delivery date at place of final destination per Service]

[insert number of units to be supplied and name of the physical unit]

[insert unit price per item]

[insert total price per item]

Total Bid PriceName of Bidder [insert complete name of Bidder] Signature of Bidder [signature of person signing the Bid] Date [insert date]

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Section IV Bidding Forms

Letter of Bid Financial Part-Alternative Bid

Bidder shall complete Letter of Bid and Appendix E to Financial Part of all Price Schedule forms similar to that applicable for the Financial-Base Bid

[Borrower to delete this form if Alternative bid is not allowed]

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Section V Eligible Countries

Section V - Eligible CountriesEligibility for the Provision of Goods, Works and Services in Bank-FinancedProcurement

A. Provisions under Section 5 “Eligibility” of the Procurement Policy for Bank Group Funded Operations and Chapter A Volume 1 of the Operations Procurement Manual under Procurement Framework of the African Development Bank

The African Development Fund permits firms and individuals from all countries to offer goods, works and services for ADF funded projects. However, the proceeds of any Financing undertaken in the operations of the African Development Bank and the Nigeria Trust Fund shall be used for procurement of goods and works, including the related services, provided by bidders from Eligible1 Countries.2 Any conditions for participation shall be limited to those that are essential to ensure the firm’s capability to fulfill the contract in question. In the case of ADB and NTF, bidders from non-Member Countries offering goods, works and related services (including transportation and insurance) are not eligible even if they offer these from Eligible Member Countries. Any waiver to this rule will be in accordance with the Articles 17(1) (d) of the Agreement Establishing the African Development Bank and 4.1 of the Agreement Establishing the Nigeria Trust Fund.

B. Rules for Procurement of Goods Overview

The eligibility criteria for participation in the supply of goods, works and related services, to be procured through the ADB and NTF Financing, derive from the requirements of the Agreement Establishing the African Development Bank, Article 17.1.d, and the Agreement Establishing the Nigeria Trust Fund, Article 4.1. The foregoing requirements basically prescribe two types of eligibility criteria:

1. The eligibility of the bidder;2. The eligibility of the goods, works and related services.

1 Refer to Bank Framework for additional information on Eligibility.2 “Eligible Countries" shall mean: (a) in the case of the African Development Bank and the Nigeria trust Fund, the

Member Countries of the African Development Bank; and (b) in the case of the African Development Fund, any country.

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Section IV – Bidding Forms

Eligibility of the Bidder2. The eligibility of the bidder shall be based on nationality, in accordance with the following rules:(a) Natural Persons: A natural person is eligible if he or she is a

national of a Member Country of the Bank, or a State Participant of the Fund. Where a person has more than one nationality, such a person shall be eligible if the nationality indicated in his or her bid is that of a Member Country of the Bank, or a State Participant of the Fund.

(b) Corporations: A corporation is eligible if it satisfies the following criteria:1. it is incorporated in a country that is a Member of the Bank,

or State Participant of the Fund;2. it is a national of a country that is a Member of the Bank, or

State Participant of the Fund, as determined by the law of its place of incorporation; and

3. it has its principal place of business in a country that is a Member of the Bank, or State Participant of the Fund.

(c) Joint Ventures and Associations: An unincorporated joint venture, partnership, or association, shall be eligible if more than 50% of the value of its works and/or services is executed by its members satisfying the eligibility requirements for individuals or corporations.

Eligibility of the Goods, Works and Related Services3. In order to be eligible, the goods to be procured must have been mined, grown, or produced, in the form in which they are purchased, in an Eligible Member Country.4. For works contracts, which may include civil works, plant construction, or turnkey contracts, the contractor must satisfy the nationality criteria of eligibility, either as a natural person, or corporation, or joint venture and association. Labour, equipment, and materials needed for carrying out the works contract, shall be supplied from Eligible Member Countries.5. For contracts, which have been awarded on the basis of Cost, Insurance and Freight (CIF), or Carriage and Insurance Paid (CIP), bidders shall be free to arrange for ocean and other transportation, and the related insurance, from any Eligible Member Country. On the other hand, where goods are shipped on FOB basis, and the Bank has agreed to finance transportation and insurance separately, which are arranged by the purchaser, under a separate contract, the Bank shall be satisfied that the services are supplied from Eligible Member Countries.

List of Eligible Countries

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120

6. List of Eligible countries can be found in African Development Bank’s website: Eligible Countries

Ineligible Countries in reference to ITB 4.8 and ITB 5.1

7. In reference to ITB 4.8 and ITB 5.1, for the information of the Bidders, at the present time firms, goods and services from the following countries are excluded from this Bidding process:

Under ITB 4.8(a) and ITB 5.1: [insert a list of the countries following approval by the Bank to apply the restriction or state “none”].

Under ITB 4.8(b) and ITB 5.1: [insert a list of the countries following approval by the Bank to apply the restriction or state “none”]

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Section VI – Fraud and Corruption

Section VI - Fraud and Corruption (Section VI shall not be modified)1. Purpose1.1 The Bank’s Integrity Framework and this annex apply with

respect to procurement under Bank Investment Project Financing operations.

2. Requirements2.1The Bank requires that Borrowers (including beneficiaries of Bank

financing); bidders (applicants), consultants, contractors and suppliers; any sub-contractors, sub-consultants, service providers or suppliers; any agents (whether declared or not); and any of their personnel, observe the highest standard of ethics during the procurement process, selection and contract execution of Bank-financed contracts, and refrain from Fraud and Corruption.

2.2To this end, the Bank:a. Defines, for the purposes of this provision, the terms set forth

below as follows:i. “corrupt practice” is the offering, giving, receiving, or

soliciting, directly or indirectly, of anything of value to influence improperly the actions of another party;

ii. “fraudulent practice” is any act or omission, including misrepresentation, that knowingly or recklessly misleads, or attempts to mislead, a party to obtain financial or other benefit or to avoid an obligation;

iii. “collusive practice” is an arrangement between two or more parties designed to achieve an improper purpose, including to influence improperly the actions of another party;

iv. “coercive practice” is impairing or harming, or threatening to impair or harm, directly or indirectly, any party or the property of the party to influence improperly the actions of a party;

v. “obstructive practice” is:(a) deliberately destroying, falsifying, altering, or

concealing of evidence material to the investigation or making false statements to investigators in order to materially impede a Bank investigation into allegations of a corrupt, fraudulent, coercive, or collusive practice; and/or threatening, harassing, or intimidating any party

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Section VI – Fraud and Corruption

to prevent it from disclosing its knowledge of matters relevant to the investigation or from pursuing the investigation; or

(b) acts intended to materially impede the exercise of the Bank’s inspection and audit rights provided for under paragraph 2.2 e. below.

b. Rejects a proposal for award if the Bank determines that the firm or individual recommended for award, any of its personnel, or its agents, or its sub-consultants, sub-contractors, service providers, suppliers and/ or their employees, has, directly or indirectly, engaged in corrupt, fraudulent, collusive, coercive, or obstructive practices in competing for the contract in question;

c. In addition to the legal remedies set out in the relevant Legal Agreement, may take other appropriate actions, including declaring misprocurement, if the Bank determines at any time that representatives of the Borrower or of a recipient of any part of the proceeds of the loan engaged in corrupt, fraudulent, collusive, coercive, or obstructive practices during the procurement process, selection and/or execution of the contract in question, without the Borrower having taken timely and appropriate action satisfactory to the Bank to address such practices when they occur, including by failing to inform the Bank in a timely manner at the time they knew of the practices;

d. Pursuant to the Bank’s Integrity Framework, and in accordance with the Bank’s prevailing sanctions policies and procedures, may sanction a firm or individual, either indefinitely or for a stated period of time, including by publicly declaring such firm or individual ineligible (i) to be awarded or otherwise benefit from a Bank-financed contract, financially or in any other manner;3 (ii) to be a nominated4 sub-contractor, consultant, manufacturer or supplier, or service provider of an otherwise eligible firm being awarded a Bank-financed contract; and (iii) to receive the proceeds of any loan made by the Bank or otherwise to participate further in the preparation or implementation of any Bank-financed project;

3 For the avoidance of doubt, a sanctioned party’s ineligibility to be awarded a contract shall include, without limitation, (i) applying for pre-qualification, expressing interest in a consultancy, and bidding, either directly or as a nominated sub-contractor, nominated consultant, nominated manufacturer or supplier, or nominated service provider, in respect of such contract, and (ii) entering into an addendum or amendment introducing a material modification to any existing contract.

4 A nominated sub-contractor, nominated consultant, nominated manufacturer or supplier, or nominated service provider (different names are used depending on the particular bidding document) is one which has been: (i) included by the bidder in its pre-qualification application or bid because it brings specific and critical experience and know-how that allow the bidder to meet the qualification requirements for the particular bid; or (ii) appointed by the Borrower.

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Section VI – Fraud and Corruption

e. Requires that a clause be included in bidding documents and in contracts financed by a Bank loan, requiring (i) bidders (applicants), consultants, contractors, and suppliers, and their sub-contractors, sub-consultants, service providers, suppliers, agents personnel, permit the Bank to inspect5 all accounts, records and other documents relating to the procurement process, selection and/or contract execution, and to have them audited by auditors appointed by the Bank.

5 Inspections in this context usually are investigative (i.e., forensic) in nature. They involve fact-finding activities undertaken by the Bank or persons appointed by the Bank to address specific matters related to investigations/audits, such as evaluating the veracity of an allegation of possible Fraud and Corruption, through the appropriate mechanisms. Such activity includes but is not limited to: accessing and examining a firm's or individual's financial records and information, and making copies thereof as relevant; accessing and examining any other documents, data and information (whether in hard copy or electronic format) deemed relevant for the investigation/audit, and making copies thereof as relevant; interviewing staff and other relevant individuals; performing physical inspections and site visits; and obtaining third party verification of information.

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Part 2 – Supply Requirements

Part 2 – Supply Requirements

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Section VII – Schedule of Requirements

Section VII - Schedule of Requirements

Contents

1. List of Goods and Delivery Schedule..................................................125

2. List of Related Services and Completion Schedule............................126

3. Technical Specifications......................................................................127

4. Drawings.............................................................................................130

5. Inspections and Tests.........................................................................131

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Section VII – Schedule of Requirements

Notes for Preparing the Schedule of Requirements

The Schedule of Requirements shall be included in the bidding document by the Purchaser, and shall cover, at a minimum, a description of the goods and services to be supplied and the delivery schedule.

The objective of the Schedule of Requirements is to provide sufficient information to enable Bidders to prepare their Bids efficiently and accurately, in particular, the Price Schedule, for which a form is provided in Section IV. In addition, the Schedule of Requirements, together with the Price Schedule, should serve as a basis in the event of quantity variation at the time of award of contract pursuant to ITB 45.1.

The date or period for delivery should be carefully specified, taking into account (a) the implications of delivery terms stipulated in the Instructions to Bidders pursuant to the Incoterms rules (i.e., EXW, or CIP, FOB, FCA terms—that “delivery” takes place when goods are delivered to the carriers), and (b) the date prescribed herein from which the Purchaser’s delivery obligations start (i.e., notice of award, contract signature, opening or confirmation of the letter of credit).

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Section VII - Schedule of Requirements 129

1. List of Goods and Delivery Schedule[The Purchaser shall fill in this table, with the exception of the column “Bidder’s offered Delivery date” to be filled by the Bidder]

Line Item

N

Description of Goods

Quantity

Physical unit

Final (Project

Site) Destinati

on as specified in BDS

Delivery (as per Incoterms) DateEarliest Delivery

Date

Latest Delivery Date

Bidder’s offered Delivery date [to be provided by

the Bidder]

[insert item No]

[insert description of Goods]

[insert quantity of item to be supplied]

[insert physical unit for the quantity]

[insert place of Delivery]

[insert the number of days following the date of effectiveness the Contract]

[insert the number of days following the date of effectiveness the Contract]

[insert the number of days following the date of effectiveness the Contract]

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130 Section VII - Schedule of Requirements

2. List of Related Services and Completion Schedule [This table shall be filled in by the Purchaser. The Required Completion Dates should be realistic, and consistent with the required Goods Delivery Dates (as per Incoterms)]

Service

Description of Service Quantity1 Physical UnitPlace where

Services shall be performed

Final Completion Date(s) of Services

[insert Service No]

[insert description of Related Services]

[insert quantity of items to be supplied]

[insert physical unit

for the items]

[insert name of the Place]

[insert required

Completion Date(s)]

1. If applicable

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Section VII - Schedule of Requirements

3. Technical Specifications

The purpose of the Technical Specifications (TS), is to define the technical characteristics of the Goods and Related Services required by the Purchaser. The Purchaser shall prepare the detailed TS take into account that:

The TS constitute the benchmarks against which the Purchaser will verify the technical responsiveness of Bids and subsequently evaluate the Bids. Therefore, well-defined TS will facilitate preparation of responsive Bids by Bidders, as well as examination, evaluation, and comparison of the Bids by the Purchaser.

The TS shall require that all goods and materials to be incorporated in the goods be new, unused, and of the most recent or current models, and that they incorporate all recent improvements in design and materials, unless provided for otherwise in the contract.

The TS shall make use of best practices. Samples of specifications from successful similar procurements in the same country or sector may provide a sound basis for drafting the TS.

The Bank encourages the use of metric units.

Standardizing technical specifications may be advantageous, depending on the complexity of the goods and the repetitiveness of the type of procurement. Technical Specifications should be broad enough to avoid restrictions on workmanship, materials, and equipment commonly used in manufacturing similar kinds of goods.

Standards for equipment, materials, and workmanship specified in the bidding document shall not be restrictive. Recognized international standards should be specified as much as possible. Reference to brand names, catalogue numbers, or other details that limit any materials or items to a specific manufacturer should be avoided as far as possible. Where unavoidable, such item description should always be followed by the words “or substantially equivalent.” When other particular standards or codes of practice are referred to in the TS, whether from the Borrower’s or from other eligible countries, a statement should follow other authoritative standards that ensure at least a substantially equal quality, then the standards mentioned in the TS will also be acceptable.

Reference to brand names and catalogue numbers should be avoided as far as possible; where unavoidable the words “or at least equivalent” shall always follow such references.

Technical Specifications shall be fully descriptive of the requirements in respect of, but not limited to, the following:

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132 Section VII - Schedule of Requirements

(a) Standards of materials and workmanship required for the production and manufacturing of the Goods.

(b) Any sustainable procurement technical requirements shall be clearly specified. Please refer to the Bank’s Procurement Framework for further information. The requirements to be specified shall be specific enough to not demand evaluation based on rated criteria/merit point system. The sustainable procurement requirements shall be specified to enable evaluation of such a requirement on a pass/fail basis. To encourage bidders’ innovation in addressing sustainable procurement requirements, as long as the bid evaluation criteria specify the mechanism for monetary adjustments for the purpose of bid comparisons, bidders may be invited to offer Goods that exceeds the specified minimum sustainable procurement requirements.

(c) Detailed tests required (type and number).(d) Other additional work and/or Related Services required to

achieve full delivery/completion.(e) Detailed activities to be performed by the Supplier, and

participation of the Purchaser thereon.(f) List of detailed functional guarantees covered by the

Warranty and the specification of the liquidated damages to be applied in the event that such guarantees are not met.

The TS shall specify all essential technical and performance characteristics and requirements, including guaranteed or acceptable maximum or minimum values, as appropriate. Whenever necessary, the Purchaser shall include an additional ad-hoc Bidding form (to be an Attachment to the Letter of Bid), where the Bidder shall provide detailed information on such technical performance characteristics in respect to the corresponding acceptable or guaranteed values.

When the Purchaser requests that the Bidder provides in its Bid a part or all of the Technical Specifications, technical schedules, or other technical information, the Purchaser shall specify in detail the nature and extent of the required information and the manner in which it has to be presented by the Bidder in its Bid.

[If a summary of the Technical Specifications (TS) has to be provided, the Purchaser shall insert information in the table below. The Bidder shall prepare a similar table to justify compliance with the requirements]

“Summary of Technical Specifications. The Goods and Related Services shall comply with following Technical Specifications and Standards:

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Section VII - Schedule of Requirements

Item No Name of Goods or Related

Service

Technical Specifications and Standards

[insert item No]

[insert name] [insert TS and Standards]

Detailed Technical Specifications and Standards [insert whenever necessary].

[Insert detailed description of TS]

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134 Section VII - Schedule of Requirements

4. Drawings

This bidding document includes [insert “the following” or “no”] drawings. [If documents shall be included, insert the following List of Drawings]

List of Drawings

Drawing Nr. Drawing Name Purpose

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Section VII - Schedule of Requirements

5. Inspections and TestsThe following inspections and tests shall be performed: [insert list of inspections and tests]

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Part 3 - Contract

Part 3 – Contract

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Section VIII – General Conditions of Contract

Section VIII - General Conditions of ContractTable of Clauses

1. Definitions..........................................................................................137

2. Contract Documents..........................................................................139

3. Fraud and Corruption.........................................................................139

4. Interpretation.....................................................................................139

5. Language...........................................................................................141

6. Joint Venture, Consortium or Association...........................................142

7. Eligibility.............................................................................................142

8. Notices...............................................................................................142

9. Governing Law...................................................................................143

10....................................................................................Settlement of Disputes143

11.................................................................Inspections and Audit by the Bank144

12................................................................................................Scope of Supply144

13.................................................................................Delivery and Documents144

14...............................................................................Supplier’s Responsibilities144

15...................................................................................................Contract Price144

16............................................................................................Terms of Payment145

17..............................................................................................Taxes and Duties145

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Section VIII – General Conditions of Contract

18......................................................................................Performance Security146

19...........................................................................................................Copyright1146

20..................................................................................Confidential Information146

21.................................................................................................Subcontracting148

22..........................................................................Specifications and Standards148

23..................................................................................Packing and Documents148

24........................................................................................................... Insurance149

25.............................................................Transportation and Related Services149

26...................................................................................... Inspections and Tests150

27........................................................................................Liquidated Damages151

28............................................................................................................Warranty151

29..............................................................................................Patent Indemnity152

30.......................................................................................Limitation of Liability154

31....................................................................Change in Laws and Regulations154

32...................................................................................................Force Majeure154

33..................................................Change Orders and Contract Amendments155

34...........................................................................................Extensions of Time156

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Section VIII - General Conditions of Contract

35.......................................................................................................Termination156

36.......................................................................................................Assignment158

37.............................................................................................Export Restriction158

38. Appendix 1 to General Conditions…………………..…………………………………………...159

39. Appendix 2 to General Conditions………………..……………………………………………...162

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Section VIII – General Conditions of Contract

Section VIII. General Conditions of Contract

1. Definitions 1.1 The following words and expressions shall have the meanings hereby assigned to them:(a) “Bank” means the financing institution

named in the Special Conditions of Contract (SCC).

(b) “Borrower” means the entity named as the Borrower in the SCC.

(c) “Contract” means the Contract Agreement entered into between the Purchaser and the Supplier, together with the Contract Documents referred to therein, including all attachments, appendices, and all documents incorporated by reference therein.

(d) “Contract Documents” means the documents listed in the Contract Agreement, including any amendments thereto.

(e) “Contract Price” means the price payable to the Supplier as specified in the Contract Agreement, subject to such additions and adjustments thereto or deductions therefrom, as may be made pursuant to the Contract.

(f) “Letter of Bid” means the document entitled letter of bid, which was completed by the Supplier and includes the signed offer to the Purchaser for the Goods.

(g) “Specification” means the document entitled specification, as included in the Contract, and any additions and modifications to the specification in accordance with the Contract. Such document specifies the Goods.

(h) “Drawings” means the drawings of the Goods, as included in the Contract, and any additional and modified drawings issued by (or on behalf of) the Purchaser in accordance with the Contract.

(i) “Schedules” means the document(s) entitled schedules, completed by the Supplier and submitted with the Letter of Bid, as included

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in the Contract. Such document may include the Bill of Quantities, data, lists, and schedules of rates and/or prices.

(j) “Bid” means the Letter of Bid and all other documents which the Supplier submitted with the Letter of Bid, as included in the Contract.

(k) “Day” means calendar day.(l) “Completion” means the fulfillment of the

Related Services by the Supplier in accordance with the terms and conditions set forth in the Contract.

(m) “GCC” means the General Conditions of Contract.

(n) “Goods” means all of the commodities, raw material, machinery and equipment, and/or other materials that the Supplier is required to supply to the Purchaser under the Contract.

(o) “Purchaser’s Country” is the country specified in the Special Conditions of Contract (SCC).

(p) “Purchaser” means the entity purchasing the Goods and Related Services, as specified in the SCC.

(q) “Related Services” means the services incidental to the supply of the goods, such as insurance, installation, training and initial maintenance and other such obligations of the Supplier under the Contract.

(r) “SCC” means the Special Conditions of Contract.

(s) “Subcontractor” means any person, private or government entity, or a combination of the above, to whom any part of the Goods to be supplied or execution of any part of the Related Services is subcontracted by the Supplier.

(t) “Supplier” means the person, private or government entity, or a combination of the above, whose Bid to perform the Contract has

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been accepted by the Purchaser and is named as such in the Contract Agreement.

(u) “The Project Site,” where applicable, means the place named in the SCC.

(v) “Party” means the Purchaser or the Supplier as the context requires.

(w) “Change Order” or “Change” is defined in Clause 33 [Change Orders and Contract Amendments.]

(x) Bank Procurement Framework is defined as Procurement Framework for Goods, Works, Non-Consulting and Consulting Services under “Bank Financing” as defined under Procurement Policy for Bank Group funded operations.

2. Contract Documents

2.1 Subject to the order of precedence set forth in the Contract Agreement, all documents forming the Contract (and all parts thereof) are intended to be correlative, complementary, and mutually explanatory. The Contract Agreement shall be read as a whole.

3. Fraud and Corruption 3.1 The Bank requires compliance with the Integrity

Framework comprising the African Development Bank Group’s Sanctions Procedures, the Bank’s Whistleblowing and Complaints Policy, the Bank’s Procurement Policy under the Procurement Framework and any other applicable Policies and Procedures including their updates, as set forth in Appendix 1 to the GCC.

3.2 The Purchaser requires the Supplier to disclose any commissions or fees that may have been paid or are to be paid to agents or any other party with respect to the Bidding process or execution of the Contract. The information disclosed must include at least the name and address of the agent or other party, the amount and currency, and the purpose of the commission, gratuity or fee.

4. Interpretation

4.1 In the Contract, except where the context requires otherwise:

i. words indicating one gender include

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all genders;ii. words indicating the singular also

include the plural and vice-versa;iii. provisions including the word

“agree”, “agreed” or “agreement” requires the agreement to be recorded in writing;

iv. “written” or “in writing” means hand-written, type-written, printed or electronically made, and resulting in a permanent record;

v. the word “tender” is synonymous with bid and “tenderer” with “bidder” and the words “tender documents” with “bidding documents”;

vi. The marginal words and other headings shall not be taken into consideration in the interpretation of these Conditions.

b. Incotermsi. Unless inconsistent with any

provision of the Contract, the meaning of any trade term and the rights and obligations of parties thereunder shall be as prescribed by Incoterms specified in the SCC.

ii. The terms EXW, CIP, FCA, CFR and other similar terms, when used, shall be governed by the rules prescribed in the current edition of Incoterms specified in the SCC and published by the International Chamber of Commerce in Paris, France.

c. Entire AgreementThe Contract constitutes the entire agreement between the Purchaser and the Supplier and supersedes all communications, negotiations and agreements (whether written or oral) of the parties with respect thereto made prior to the date of Contract.

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d. AmendmentNo amendment or other variation of the Contract shall be valid unless it is in writing, is dated, expressly refers to the Contract, and is signed by a duly authorized representative of each party thereto.

e. Nonwaiveri. Subject to GCC Sub-Clause 4.1(e)(ii)

below, no relaxation, forbearance, delay, or indulgence by either party in enforcing any of the terms and conditions of the Contract or the granting of time by either party to the other shall prejudice, affect, or restrict the rights of that party under the Contract, neither shall any waiver by either party of any breach of Contract operate as waiver of any subsequent or continuing breach of Contract.

ii. Any waiver of a party’s rights, powers, or remedies under the Contract must be in writing, dated, and signed by an authorized representative of the party granting such waiver, and must specify the right and the extent to which it is being waived.

f. SeverabilityIf any provision or condition of the Contract is prohibited or rendered invalid or unenforceable, such prohibition, invalidity or unenforceability shall not affect the validity or enforceability of any other provisions and conditions of the Contract.

5. Language 5.1 The Contract as well as all correspondence and documents relating to the Contract exchanged by the Supplier and the Purchaser, shall be written in the language specified in the SCC. Supporting documents and printed literature that are part of the Contract may be in another language provided they are accompanied by an accurate translation of the relevant passages in the language specified, in which case, for purposes of

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interpretation of the Contract, this translation shall govern.

5.2 The Supplier shall bear all costs of translation to the governing language and all risks of the accuracy of such translation, for documents provided by the Supplier.

6. Joint Venture, Consortium or Association, and Subcontractors

6.1 Unless otherwise specified in SCC, if the Supplier is a joint venture, consortium, or association (JV), all of the parties shall be jointly and severally liable to the Purchaser for the fulfillment of the provisions of the Contract and shall designate one party to act as a leader with authority to bind the joint venture, consortium, or association. The composition or the constitution of the joint venture, consortium, or association shall not be altered without the prior consent of the Purchaser. Any limit on the maximum number of members in the Joint Venture, Consortium or Association shall be as specified in SCC. Minimum Share of a Member of the JV shall be as specified in SCC.

7. Eligibility 7.1 The Supplier and its Subcontractors shall have the nationality of an eligible country of the Bank in accordance with the Bank’s Procurement Policy for the Bank Group Funded Operation described under the Bank’s Procurement Framework, and as listed in Section V, Eligible Countries under Appendix 2 of General Conditions. A Supplier or Subcontractor shall be deemed to have the nationality of a country if it is a citizen or constituted, incorporated, or registered, and operates in conformity with the provisions of the laws of that country.

7.2 All Goods and Related Services to be supplied under the Contract and financed by the Bank shall have their origin in Eligible Countries of the Bank in accordance with the Bank’s Procurement Policy for the Bank Group Funded Operation described under the Bank’s Procurement Framework, and as listed in Section V, Eligible Countries.. For the purpose of this Clause, origin means the country where the goods have been grown, mined, cultivated, produced, manufactured, or processed; or through manufacture, processing, or assembly, another commercially recognized article results that differs substantially in its basic characteristics

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from its components. 8. Notices 8.1 Any notice given by one party to the other

pursuant to the Contract shall be in writing to the address specified in the SCC. The term “in writing” means communicated in written form with proof of receipt.

8.2 A notice shall be effective when delivered or on the notice’s effective date, whichever is later.

9.10. Governing Law

9.1 The Contract shall be governed by and interpreted in accordance with the laws of the Purchaser’s Country, unless otherwise specified in the SCC.

9.2 Throughout the execution of the Contract, the Supplier shall comply with the import of goods and services prohibitions in the Purchaser’s Country when:

(a) as a matter of law or official regulations, the Borrower’s country prohibits commercial relations with that country; or

(b) by an act of compliance with a decision of the United Nations Security Council taken under Chapter VII of the Charter of the United Nations, the Borrower’s Country prohibits any import of goods from that country or any payments to any country, person, or entity in that country.

11.12. Settlement of Disputes

10.1 The Purchaser and the Supplier shall make every effort to resolve amicably by direct informal negotiation any disagreement or dispute arising between them under or in connection with the Contract.

10.2 If, after twenty-eight (28) days, the parties have failed to resolve their dispute or difference by such mutual consultation, then either the Purchaser or the Supplier may give notice to the other party of its intention to commence arbitration, as hereinafter provided, as to the matter in dispute, and no arbitration in respect of this matter may be commenced unless such notice is given. Any dispute or difference in respect of which a notice of intention to commence arbitration has been given in accordance with this Clause shall be finally settled by arbitration. Arbitration may be commenced prior to or after delivery of the Goods under the

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Contract. Arbitration proceedings shall be conducted in accordance with the rules of procedure specified in the SCC.

10.3 Notwithstanding any reference to arbitration herein,

(a) the parties shall continue to perform their respective obligations under the Contract unless they otherwise agree; and

(b) the Purchaser shall pay the Supplier any monies due the Supplier.

13.14. Inspections and Audit by the Bank

11.1The Supplier shall keep, and shall make all reasonable efforts to cause its Subcontractors and subconsultants to keep, accurate and systematic accounts and records in respect of the Goods in such form and details as will clearly identify relevant time changes and costs.

11.2 Pursuant to paragraph 2.2 e. of Appendix 1 to the General Conditions the Supplier shall permit and shall cause its subcontractors and subconsultants to permit, the Bank and/or persons appointed by the Bank to inspect the Site and/or the accounts and records relating to the procurement process, selection and/or contract execution, and to have such accounts and records audited by auditors appointed by the Bank if requested by the Bank. The Supplier’s and its Subcontractors’ and subconsultants’ attention is drawn to Sub-Clause 3.1 which provides, inter alia, that acts intended to materially impede the exercise of the Bank’s inspection and audit rights constitute a prohibited practice subject to contract termination (as well as to a determination of ineligibility pursuant to the Bank’s prevailing sanctions procedures).

15.16. Scope of Supply

12.1 The Goods and Related Services to be supplied shall be as specified in the Schedule of Requirements.

17.18. Delivery and Documents

13.1 Subject to GCC Sub-Clause 33.1, the Delivery of the Goods and Completion of the Related Services shall be in accordance with the Delivery and Completion Schedule specified in the Schedule of Requirements. The details of shipping and other documents to be furnished by the Supplier are specified in the SCC.

19.20. Supplier’ 14.1 The Supplier shall supply all the Goods and

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s Responsibilities

Related Services included in the Scope of Supply in accordance with GCC Clause 12, and the Delivery and Completion Schedule, as per GCC Clause 13.

21.22. Contract Price

15.1 Prices charged by the Supplier for the Goods supplied and the Related Services performed under the Contract shall not vary from the prices quoted by the Supplier in its Bid, with the exception of any price adjustments authorized in the SCC.

23.24. Terms of Payment

16.1 The Contract Price, including any Advance Payments, if applicable, shall be paid as specified in the SCC.

16.2 The Supplier’s request for payment shall be made to the Purchaser in writing, accompanied by invoices describing, as appropriate, the Goods delivered and Related Services performed, and by the documents submitted pursuant to GCC Clause 13 and upon fulfillment of all other obligations stipulated in the Contract.

16.3 Payments shall be made promptly by the Purchaser, but in no case later than sixty (60) days after submission of an invoice or request for payment by the Supplier, and after the Purchaser has accepted it.

16.4 The currencies in which payments shall be made to the Supplier under this Contract shall be those in which the Bid price is expressed.

16.5 In the event that the Purchaser fails to pay the Supplier any payment by its due date or within the period set forth in the SCC, the Purchaser shall pay to the Supplier interest on the amount of such delayed payment at the rate shown in the SCC, for the period of delay until payment has been made in full, whether before or after judgment or arbitrage award.

25.26. Taxes and Duties

17.1 For goods manufactured outside the Purchaser’s Country, the Supplier shall be entirely responsible for all taxes, stamp duties, license fees, and other such levies imposed outside the Purchaser’s Country.

17.2 For goods Manufactured within the Purchaser’s Country, the Supplier shall be entirely responsible

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for all taxes, duties, license fees, etc., incurred until delivery of the contracted Goods to the Purchaser.

17.3 If any tax exemptions, reductions, allowances or privileges may be available to the Supplier in the Purchaser’s Country, the Purchaser shall use its best efforts to enable the Supplier to benefit from any such tax savings to the maximum allowable extent.

27.28. Performance Security

18.1 If required as specified in the SCC, the Supplier shall, within twenty-eight (28) days of the notification of contract award, provide a performance security for the performance of the Contract in the amount specified in the SCC.

18.2 The proceeds of the Performance Security shall be payable to the Purchaser as compensation for any loss resulting from the Supplier’s failure to complete its obligations under the Contract.

18.3 As specified in the SCC, the Performance Security, if required, shall be denominated in the currency (ies) of the Contract, or in a freely convertible currency acceptable to the Purchaser; and shall be in one of the format stipulated by the Purchaser in the SCC, or in another format acceptable to the Purchaser.

18.4 The Performance Security shall be discharged by the Purchaser and returned to the Supplier not later than twenty-eight (28) days following the date of Completion of the Supplier’s performance obligations under the Contract, including any warranty obligations, unless specified otherwise in the SCC.

29.30. Copyright

19.1 The copyright in all drawings, documents, and other materials containing data and information furnished to the Purchaser by the Supplier herein shall remain vested in the Supplier, or, if they are furnished to the Purchaser directly or through the Supplier by any third party, including suppliers of materials, the copyright in such materials shall remain vested in such third party

31.32. Confidential Information

20.1 The Purchaser and the Supplier shall keep confidential and shall not, without the written consent of the other party hereto, divulge to any

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third party any documents, data, or other information furnished directly or indirectly by the other party hereto in connection with the Contract, whether such information has been furnished prior to, during or following completion or termination of the Contract. Notwithstanding the above, the Supplier may furnish to its Subcontractor such documents, data, and other information it receives from the Purchaser to the extent required for the Subcontractor to perform its work under the Contract, in which event the Supplier shall obtain from such Subcontractor an undertaking of confidentiality similar to that imposed on the Supplier under GCC Clause 20.

20.2 The Purchaser shall not use such documents, data, and other information received from the Supplier for any purposes unrelated to the contract. Similarly, the Supplier shall not use such documents, data, and other information received from the Purchaser for any purpose other than the performance of the Contract.

20.3 The obligation of a party under GCC Sub-Clauses 20.1 and 20.2 above, however, shall not apply to information that:(a) the Purchaser or Supplier need to share with

the Bank or other institutions participating in the financing of the Contract;

(b) now or hereafter enters the public domain through no fault of that party;

(c) can be proven to have been possessed by that party at the time of disclosure and which was not previously obtained, directly or indirectly, from the other party; or

(d) otherwise lawfully becomes available to that party from a third party that has no obligation of confidentiality.

20.4 The above provisions of GCC Clause 20 shall not in any way modify any undertaking of confidentiality given by either of the parties hereto prior to the date of the Contract in respect of the Supply or any part thereof.

20.5 The provisions of GCC Clause 20 shall survive completion or termination, for whatever reason, of the Contract.

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33.34. Subcontracting

21.1 The Supplier shall notify the Purchaser in writing of all subcontracts awarded under the Contract if not already specified in the Bid. Such notification, in the original Bid or later shall not relieve the Supplier from any of its obligations, duties, responsibilities, or liability under the Contract.

21.2 Subcontracts shall comply with the provisions of GCC Clauses 3 and 7.

35.36. Specifications and Standards

22.1 Technical Specifications and Drawings

(a) The Goods and Related Services supplied under this Contract shall conform to the technical specifications and standards mentioned in Section VI, Schedule of Requirements and, when no applicable standard is mentioned, the standard shall be equivalent or superior to the official standards whose application is appropriate to the Goods’ country of origin.

(b) The Supplier shall be entitled to disclaim responsibility for any design, data, drawing, specification or other document, or any modification thereof provided or designed by or on behalf of the Purchaser, by giving a notice of such disclaimer to the Purchaser.

(c) Wherever references are made in the Contract to codes and standards in accordance with which it shall be executed, the edition or the revised version of such codes and standards shall be those specified in the Schedule of Requirements. During Contract execution, any changes in any such codes and standards shall be applied only after approval by the Purchaser and shall be treated in accordance with GCC Clause 33.

37.38. Packing and Documents

23.1 The Supplier shall provide such packing of the Goods as is required to prevent their damage or deterioration during transit to their final destination, as indicated in the Contract. During transit, the packing shall be sufficient to withstand, without limitation, rough handling and exposure to extreme temperatures, salt and precipitation, and open storage. Packing case size and weights shall take into consideration, where appropriate, the remoteness of the goods’ final

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destination and the absence of heavy handling facilities at all points in transit.

23.2 The packing, marking, and documentation within and outside the packages shall comply strictly with such special requirements as shall be expressly provided for in the Contract, including additional requirements, if any, specified in the SCC, and in any other instructions ordered by the Purchaser.

39.40. Insurance

24.1 Unless otherwise specified in the SCC, the Goods supplied under the Contract shall be fully insured—in a freely convertible currency from an eligible country—against loss or damage incidental to manufacture or acquisition, transportation, storage, and delivery, in accordance with the applicable Incoterms or in the manner specified in the SCC.

41.42. Transportation and Related Services

25.1 Unless otherwise specified in the SCC, responsibility for arranging transportation of the Goods shall be in accordance with the specified Incoterms.

25.2The Supplier may be required to provide any or all of the following services, including additional services, if any, specified in SCC:

(a) performance or supervision of on-site assembly and/or start-up of the supplied Goods;

(b) furnishing of tools required for assembly and/or maintenance of the supplied Goods;

(c) furnishing of a detailed operations and maintenance manual for each appropriate unit of the supplied Goods;

(d) performance or supervision or maintenance and/or repair of the supplied Goods, for a period of time agreed by the parties, provided that this service shall not relieve the Supplier of any warranty obligations under this Contract; and

(e) training of the Purchaser’s personnel, at the Supplier’s plant and/or on-site, in assembly, start-up, operation, maintenance, and/or repair of the supplied Goods.

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25.3 Prices charged by the Supplier for related services, if not included in the Contract Price for the Goods, shall be agreed upon in advance by the parties and shall not exceed the prevailing rates charged to other parties by the Supplier for similar services

43.44. Inspections and Tests

26.1 The Supplier shall at its own expense and at no cost to the Purchaser carry out all such tests and/or inspections of the Goods and Related Services as are specified in the SCC.

26.2 The inspections and tests may be conducted on the premises of the Supplier or its Subcontractor, at point of delivery, and/or at the Goods’ final destination, or in another place in the Purchaser’s Country as specified in the SCC. Subject to GCC Sub-Clause 26.3, if conducted on the premises of the Supplier or its Subcontractor, all reasonable facilities and assistance, including access to drawings and production data, shall be furnished to the inspectors at no charge to the Purchaser.

26.3 The Purchaser or its designated representative shall be entitled to attend the tests and/or inspections referred to in GCC Sub-Clause 26.2, provided that the Purchaser bear all of its own costs and expenses incurred in connection with such attendance including, but not limited to, all traveling and board and lodging expenses.

26.4 Whenever the Supplier is ready to carry out any such test and inspection, it shall give a reasonable advance notice, including the place and time, to the Purchaser. The Supplier shall obtain from any relevant third party or manufacturer any necessary permission or consent to enable the Purchaser or its designated representative to attend the test and/or inspection.

26.5 The Purchaser may require the Supplier to carry out any test and/or inspection not required by the Contract but deemed necessary to verify that the characteristics and performance of the Goods comply with the technical specifications codes and standards under the Contract, provided that the Supplier’s reasonable costs and expenses incurred in the carrying out of such test and/or inspection shall be added to the Contract Price. Further, if such test and/or inspection impedes the progress of manufacturing and/or the Supplier’s

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performance of its other obligations under the Contract, due allowance will be made in respect of the Delivery Dates and Completion Dates and the other obligations so affected.

26.6 The Supplier shall provide the Purchaser with a report of the results of any such test and/or inspection.

26.7 The Purchaser may reject any Goods or any part thereof that fail to pass any test and/or inspection or do not conform to the specifications. The Supplier shall either rectify or replace such rejected Goods or parts thereof or make alterations necessary to meet the specifications at no cost to the Purchaser, and shall repeat the test and/or inspection, at no cost to the Purchaser, upon giving a notice pursuant to GCC Sub-Clause 26.4.

26.8 The Supplier agrees that neither the execution of a test and/or inspection of the Goods or any part thereof, nor the attendance by the Purchaser or its representative, nor the issue of any report pursuant to GCC Sub-Clause 26.6, shall release the Supplier from any warranties or other obligations under the Contract.

45.46. Liquidated Damages

27.1 Except as provided under GCC Clause 32, if the Supplier fails to deliver any or all of the Goods by the Date(s) of delivery or perform the Related Services within the period specified in the Contract, the Purchaser may without prejudice to all its other remedies under the Contract, deduct from the Contract Price, as liquidated damages, a sum equivalent to the percentage specified in the SCC of the delivered price of the delayed Goods or unperformed Services for each week or part thereof of delay until actual delivery or performance, up to a maximum deduction of the percentage specified in those SCC. Once the maximum is reached, the Purchaser may terminate the Contract pursuant to GCC Clause 35.

47.48. Warranty 28.1 The Supplier warrants that all the Goods are new, unused, and of the most recent or current models, and that they incorporate all recent improvements in design and materials, unless provided otherwise in the Contract.

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28.2 Subject to GCC Sub-Clause 22.1(b), the Supplier further warrants that the Goods shall be free from defects arising from any act or omission of the Supplier or arising from design, materials, and workmanship, under normal use in the conditions prevailing in the country of final destination.

28.3 Unless otherwise specified in the SCC, the warranty shall remain valid for twelve (12) months after the Goods, or any portion thereof as the case may be, have been delivered to and accepted at the final destination indicated in the SCC, or for eighteen (18) months after the date of shipment from the port or place of loading in the country of origin, whichever period concludes earlier.

28.4 The Purchaser shall give notice to the Supplier stating the nature of any such defects together with all available evidence thereof, promptly following the discovery thereof. The Purchaser shall afford all reasonable opportunity for the Supplier to inspect such defects.

28.5 Upon receipt of such notice, the Supplier shall, within the period specified in the SCC, expeditiously repair or replace the defective Goods or parts thereof, at no cost to the Purchaser.

28.6 If having been notified, the Supplier fails to remedy the defect within the period specified in the SCC, the Purchaser may proceed to take within a reasonable period such remedial action as may be necessary, at the Supplier’s risk and expense and without prejudice to any other rights which the Purchaser may have against the Supplier under the Contract.

49.50. Patent Indemnity

29.1 The Supplier shall, subject to the Purchaser’s compliance with GCC Sub-Clause 29.2, indemnify and hold harmless the Purchaser and its employees and officers from and against any and all suits, actions or administrative proceedings, claims, demands, losses, damages, costs, and expenses of any nature, including attorney’s fees and expenses, which the Purchaser may suffer as a result of any infringement or alleged infringement of any patent, utility model, registered design, trademark, copyright, or other

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intellectual property right registered or otherwise existing at the date of the Contract by reason of: (a) the installation of the Goods by the Supplier

or the use of the Goods in the country where the Site is located; and

(b) the sale in any country of the products produced by the Goods.

Such indemnity shall not cover any use of the Goods or any part thereof other than for the purpose indicated by or to be reasonably inferred from the Contract, neither any infringement resulting from the use of the Goods or any part thereof, or any products produced thereby in association or combination with any other equipment, plant, or materials not supplied by the Supplier, pursuant to the Contract.

29.2 If any proceedings are brought or any claim is made against the Purchaser arising out of the matters referred to in GCC Sub-Clause 29.1, the Purchaser shall promptly give the Supplier a notice thereof, and the Supplier may at its own expense and in the Purchaser’s name conduct such proceedings or claim and any negotiations for the settlement of any such proceedings or claim.

29.3 If the Supplier fails to notify the Purchaser within twenty-eight (28) days after receipt of such notice that it intends to conduct any such proceedings or claim, then the Purchaser shall be free to conduct the same on its own behalf.

29.4 The Purchaser shall, at the Supplier’s request, afford all available assistance to the Supplier in conducting such proceedings or claim, and shall be reimbursed by the Supplier for all reasonable expenses incurred in so doing.

29.5 The Purchaser shall indemnify and hold harmless the Supplier and its employees, officers, and Subcontractors from and against any and all suits, actions or administrative proceedings, claims, demands, losses, damages, costs, and expenses of any nature, including attorney’s fees and expenses, which the Supplier may suffer as a result of any infringement or alleged infringement of any patent, utility model, registered design,

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trademark, copyright, or other intellectual property right registered or otherwise existing at the date of the Contract arising out of or in connection with any design, data, drawing, specification, or other documents or materials provided or designed by or on behalf of the Purchaser.

51.52. Limitation of Liability

30.1 Except in cases of criminal negligence or willful misconduct, (a) the Supplier shall not be liable to the

Purchaser, whether in contract, tort, or otherwise, for any indirect or consequential loss or damage, loss of use, loss of production, or loss of profits or interest costs, provided that this exclusion shall not apply to any obligation of the Supplier to pay liquidated damages to the Purchaser and

(b) the aggregate liability of the Supplier to the Purchaser, whether under the Contract, in tort or otherwise, shall not exceed the total Contract Price, provided that this limitation shall not apply to the cost of repairing or replacing defective equipment, or to any obligation of the supplier to indemnify the Purchaser with respect to patent infringement

53.54. Change in Laws and Regulations

31.1 Unless otherwise specified in the Contract, if after the date of 28 days prior to date of Bid submission, any law, regulation, ordinance, order or bylaw having the force of law is enacted, promulgated, abrogated, or changed in the place of the Purchaser’s Country where the Site is located (which shall be deemed to include any change in interpretation or application by the competent authorities) that subsequently affects the Delivery Date and/or the Contract Price, then such Delivery Date and/or Contract Price shall be correspondingly increased or decreased, to the extent that the Supplier has thereby been affected in the performance of any of its obligations under the Contract. Notwithstanding the foregoing, such additional or reduced cost shall not be separately paid or credited if the same has already been accounted for in the price adjustment provisions where applicable, in accordance with GCC Clause 15.

55.56. Force 32.1 The Supplier shall not be liable for forfeiture of its

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Majeure Performance Security, liquidated damages, or termination for default if and to the extent that it’s delay in performance or other failure to perform its obligations under the Contract is the result of an event of Force Majeure.

32.2 For purposes of this Clause, “Force Majeure” means an event or situation beyond the control of the Supplier that is not foreseeable, is unavoidable, and its origin is not due to negligence or lack of care on the part of the Supplier. Such events may include, but not be limited to, acts of the Purchaser in its sovereign capacity, wars or revolutions, fires, floods, epidemics, quarantine restrictions, and freight embargoes.

32.3 If a Force Majeure situation arises, the Supplier shall promptly notify the Purchaser in writing of such condition and the cause thereof. Unless otherwise directed by the Purchaser in writing, the Supplier shall continue to perform its obligations under the Contract as far as is reasonably practical, and shall seek all reasonable alternative means for performance not prevented by the Force Majeure event.

57.58. Change Orders and Contract Amendments

33.1 The Purchaser may at any time order the Supplier through notice in accordance GCC Clause 8, to make changes within the general scope of the Contract in any one or more of the following:(a) drawings, designs, or specifications, where

Goods to be furnished under the Contract are to be specifically manufactured for the Purchaser;

(b) the method of shipment or packing;(c) the place of delivery; and (d) the Related Services to be provided by the

Supplier.33.2 If any such change causes an increase or

decrease in the cost of, or the time required for, the Supplier’s performance of any provisions under the Contract, an equitable adjustment shall be made in the Contract Price or in the Delivery/Completion Schedule, or both, and the Contract shall accordingly be amended. Any claims

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by the Supplier for adjustment under this Clause must be asserted within twenty-eight (28) days from the date of the Supplier’s receipt of the Purchaser’s change order.

33.3 Prices to be charged by the Supplier for any Related Services that might be needed but which were not included in the Contract shall be agreed upon in advance by the parties and shall not exceed the prevailing rates charged to other parties by the Supplier for similar services.

33.4 Subject to the above, no variation in, or modification of, the terms of the Contract shall be made except by written agreement signed by the parties.

59.60. Extensions of Time

34.1 If at any time during performance of the Contract, the Supplier or its subcontractors should encounter conditions impeding timely delivery of the Goods or completion of Related Services pursuant to GCC Clause 13, the Supplier shall promptly notify the Purchaser in writing of the delay, its likely duration, and its cause. As soon as practicable after receipt of the Supplier’s notice, the Purchaser shall evaluate the situation and may at its discretion extend the Supplier’s time for performance, in which case the extension shall be ratified by the parties by amendment of the Contract.

34.2 Except in case of Force Majeure, as provided under GCC Clause 32, a delay by the Supplier in the performance of its Delivery and Completion obligations shall render the Supplier liable to the imposition of liquidated damages pursuant to GCC Clause 26, unless an extension of time is agreed upon, pursuant to GCC Sub-Clause 34.1.

61.62. Termination

35.1 Termination for Default(a) The Purchaser, without prejudice to any other

remedy for breach of Contract, by written notice of default sent to the Supplier, may terminate the Contract in whole or in part:(i) if the Supplier fails to deliver any or all of

the Goods within the period specified in the Contract, or within any extension

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thereof granted by the Purchaser pursuant to GCC Clause 34;

(ii) if the Supplier fails to perform any other obligation under the Contract; or

(iii) if the Supplier, in the judgment of the Purchaser has engaged in Fraud and Corruption, as defined in paragrpah 2.2 a of the Appendix 1 to the GCC, in competing for or in executing the Contract.

(b) In the event the Purchaser terminates the Contract in whole or in part, pursuant to GCC Clause 35.1(a), the Purchaser may procure, upon such terms and in such manner as it deems appropriate, Goods or Related Services similar to those undelivered or not performed, and the Supplier shall be liable to the Purchaser for any additional costs for such similar Goods or Related Services. However, the Supplier shall continue performance of the Contract to the extent not terminated.

35.2 Termination for Insolvency. (a) The Purchaser may at any time terminate the

Contract by giving notice to the Supplier if the Supplier becomes bankrupt or otherwise insolvent. In such event, termination will be without compensation to the Supplier, provided that such termination will not prejudice or affect any right of action or remedy that has accrued or will accrue thereafter to the Purchaser

35.3 Termination for Convenience.(a) The Purchaser, by notice sent to the Supplier,

may terminate the Contract, in whole or in part, at any time for its convenience. The notice of termination shall specify that termination is for the Purchaser’s convenience, the extent to which performance of the Supplier under the Contract is terminated, and the date upon which such termination becomes effective.

(b) The Goods that are complete and ready for shipment within twenty-eight (28) days after

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the Supplier’s receipt of notice of termination shall be accepted by the Purchaser at the Contract terms and prices. For the remaining Goods, the Purchaser may elect: (i) to have any portion completed and

delivered at the Contract terms and prices; and/or

(ii) to cancel the remainder and pay to the Supplier an agreed amount for partially completed Goods and Related Services and for materials and parts previously procured by the Supplier.

36. Assignment

35.4 Anytime the contract is terminated for any reason indicated under clause 35, the advance payments made, if any, on the undelivered Goods and Related Services, if not already recovered from the Supplier shall become payable to the Purchaser which the Supplier shall pay to the Purchaser within 15 days from the date of receipt of notice of such termination fling which the amount will be recovered as demand by calling the advance payment Bank Guarantee provided under the contract.

36.1Neither the Purchaser nor the Supplier shall assign, in whole or in part, their obligations under this Contract, except with prior written consent of the other party.

37. Export Restriction

37.1Notwithstanding any obligation under the Contract to complete all export formalities, any export restrictions attributable to the Purchaser, to the country of the Purchaser, or to the use of the products/goods, systems or services to be supplied, which arise from trade regulations from a country supplying those products/goods, systems or services, and which substantially impede the Supplier from meeting its obligations under the Contract, shall release the Supplier from the obligation to provide deliveries or services, always provided, however, that the Supplier can demonstrate to the satisfaction of the Purchaser and of the Bank that it has completed all formalities in a timely manner, including applying for permits, authorizations and licenses necessary for the export of the

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products/goods, systems or services under the terms of the Contract. Termination of the Contract on this basis shall be for the Purchaser’s convenience pursuant to Sub-Clause 35.3.

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APPENDIX 1 TO GENERAL CONDITIONS(Text in this Appendix shall not be modified)

Fraud and Corruption1. Purpose1.1 The Bank’s Integrity Framework and this annex apply with respect

to procurement under Bank Investment Project Financing operations.2. Requirements2.1The Bank requires that Borrowers (including beneficiaries of Bank

financing); bidders (applicants), consultants, contractors and suppliers; any sub-contractors, sub-consultants, service providers or suppliers; any agents (whether declared or not); and any of their personnel, observe the highest standard of ethics during the procurement process, selection and contract execution of Bank-financed contracts, and refrain from Fraud and Corruption.

2.2To this end, the Bank:a. Defines, for the purposes of this provision, the terms set forth

below as follows:i. “corrupt practice” is the offering, giving, receiving, or soliciting,

directly or indirectly, of anything of value to influence improperly the actions of another party;

ii. “fraudulent practice” is any act or omission, including misrepresentation, that knowingly or recklessly misleads, or attempts to mislead, a party to obtain financial or other benefit or to avoid an obligation;

iii. “collusive practice” is an arrangement between two or more parties designed to achieve an improper purpose, including to influence improperly the actions of another party;

iv. “coercive practice” is impairing or harming, or threatening to impair or harm, directly or indirectly, any party or the property of the party to influence improperly the actions of a party;

v. “obstructive practice” is:(a) deliberately destroying, falsifying, altering, or concealing of

evidence material to the investigation or making false statements to investigators in order to materially impede a Bank investigation into allegations of a corrupt, fraudulent, coercive, or collusive practice; and/or threatening, harassing, or intimidating any party to prevent it from disclosing its knowledge of matters relevant to the investigation or from pursuing the investigation; or

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(b) acts intended to materially impede the exercise of the Bank’s inspection and audit rights provided for under paragraph 2.2 e. below.

b. Rejects a proposal for award if the Bank determines that the firm or individual recommended for award, any of its personnel, or its agents, or its sub-consultants, sub-contractors, service providers, suppliers and/ or their employees, has, directly or indirectly, engaged in corrupt, fraudulent, collusive, coercive, or obstructive practices in competing for the contract in question;

c. In addition to the legal remedies set out in the relevant Legal Agreement, may take other appropriate actions, including declaring misprocurement, if the Bank determines at any time that representatives of the Borrower or of a recipient of any part of the proceeds of the loan engaged in corrupt, fraudulent, collusive, coercive, or obstructive practices during the procurement process, selection and/or execution of the contract in question, without the Borrower having taken timely and appropriate action satisfactory to the Bank to address such practices when they occur, including by failing to inform the Bank in a timely manner at the time they knew of the practices;

d. Pursuant to the Bank’s Integrity Framework, and in accordance with the Bank’s prevailing sanctions policies and procedures, may sanction a firm or individual, either indefinitely or for a stated period of time, including by publicly declaring such firm or individual ineligible (i) to be awarded or otherwise benefit from a Bank-financed contract, financially or in any other manner;1 (ii) to be a nominated2 sub-contractor, consultant, manufacturer or supplier, or service provider of an otherwise eligible firm being awarded a Bank-financed contract; and (iii) to receive the proceeds of any loan made by the Bank or otherwise to participate further in the preparation or implementation of any Bank-financed project;

e. Requires that a clause be included in bidding documents and in contracts financed by a Bank loan, requiring (i) bidders (applicants), consultants, contractors, and suppliers, and their sub-contractors, sub-consultants, service providers, suppliers, agents personnel, permit the Bank to inspect3 all accounts, records and other

1 For the avoidance of doubt, a sanctioned party’s ineligibility to be awarded a contract shall include, without limitation, (i) applying for pre-qualification, expressing interest in a consultancy, and bidding, either directly or as a nominated sub-contractor, nominated consultant, nominated manufacturer or supplier, or nominated service provider, in respect of such contract, and (ii) entering into an addendum or amendment introducing a material modification to any existing contract.

2 A nominated sub-contractor, nominated consultant, nominated manufacturer or supplier, or nominated service provider (different names are used depending on the particular bidding document) is one which has been: (i) included by the bidder in its pre-qualification application or bid because it brings specific and critical experience and know-how that allow the bidder to meet the qualification requirements for the particular bid; or (ii) appointed by the Borrower.

3 Inspections in this context usually are investigative (i.e., forensic) in nature. They involve fact-finding activities undertaken by the Bank or persons appointed by the Bank to address specific matters related to investigations/audits, such as evaluating the veracity of an allegation of possible Fraud and Corruption, through the appropriate mechanisms.

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Section VIII – General Conditions of Contract (GCC) 167

documents relating to the procurement process, selection and/or contract execution, and to have them audited by auditors appointed by the Bank.

APPENDIX 2 TO GENERAL CONDITIONSSection V - Eligible Countries

Such activity includes but is not limited to: accessing and examining a firm's or individual's financial records and information, and making copies thereof as relevant; accessing and examining any other documents, data and information (whether in hard copy or electronic format) deemed relevant for the investigation/audit, and making copies thereof as relevant; interviewing staff and other relevant individuals; performing physical inspections and site visits; and obtaining third party verification of information.

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Eligibility for the Provision of Goods, Works and Services in Bank-FinancedProcurement

C. Provisions under Section 5 “Eligibility” of the Procurement Policy for Bank Group Funded Operations and Chapter A2 of the Operations Procurement Manual under Procurement Framework of the African Development Bank

1. The African Development Fund permits firms and individuals from all countries to offer goods, works and services for ADF funded projects. However, the proceeds of any Financing undertaken in the operations of the African Development Bank and the Nigeria Trust Fund shall be used for procurement of goods and works, including the related services, provided by bidders from Eligible4 Countries.5 Any conditions for participation shall be limited to those that are essential to ensure the firm’s capability to fulfill the contract in question. In the case of ADB and NTF, bidders from non-Member Countries offering goods, works and related services (including transportation and insurance) are not eligible even if they offer these from Eligible Member Countries. Any waiver to this rule will be in accordance with the Articles 17(1) (d) of the Agreement Establishing the African Development Bank and 4.1 of the Agreement Establishing the Nigeria Trust Fund.

D. Rules and Procedures for Procurement of Goods and Works

Overview1. The eligibility criteria for participation in the supply of goods, works and related services, to be procured through the ADB and NTF Financing, derive from the requirements of the Agreement Establishing the African Development Bank, Article 17.1.d, and the Agreement Establishing the Nigeria Trust Fund, Article 4.1. The foregoing requirements basically prescribe two types of eligibility criteria:

a) The eligibility of the bidder;b) The eligibility of the goods, works and related services.

Eligibility of the Bidder2. The eligibility of the bidder shall be based on nationality, in accordance with the following rules:

4 Refer to Bank Framework for additional information on Eligibility.5 “Eligible Countries" shall mean: (a) in the case of the African Development Bank and the Nigeria trust Fund, the

Member Countries of the African Development Bank; and (b) in the case of the African Development Fund, any country.

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Section VIII – General Conditions of Contract (GCC) 169

(a) Natural Persons: A natural person is eligible if he or she is a national of a Member Country of the Bank, or a State Participant of the Fund. Where a person has more than one nationality, such a person shall be eligible if the nationality indicated in his or her bid is that of a Member Country of the Bank, or a State Participant of the Fund.

(b) Corporations: A corporation is eligible if it satisfies the following criteria:4. it is incorporated in a country that is a Member of the Bank, or

State Participant of the Fund;5. it is a national of a country that is a Member of the Bank, or

State Participant of the Fund, as determined by the law of its place of incorporation;

6. it has its principal place of business in a country that is a Member of the Bank, or State Participant of the Fund.

(c) Joint Ventures and Associations: An unincorporated joint venture, partnership, or association, shall be eligible if more than 50% of the value of its works and/or services is executed by its members satisfying the eligibility requirements for individuals or corporations.

Eligibility of the Goods, Works and Related Services3. In order to be eligible, the goods to be procured must have been mined, grown, or produced, in the form in which they are purchased, in an Eligible Member Country.4. For works contracts, which may include civil works, plant construction, or turnkey contracts, the contractor must satisfy the nationality criteria of eligibility, either as a natural person, or corporation, or joint venture and association. Labour, equipment, and materials needed for carrying out the works contract, shall be supplied from Eligible Member Countries.5. For contracts, which have been awarded on the basis of Cost, Insurance and Freight (CIF), or Carriage and Insurance Paid (CIP), bidders shall be free to arrange for ocean and other transportation, and the related insurance, from any Eligible Member Country. On the other hand, where goods are shipped on FOB basis, and the Bank has agreed to finance transportation and insurance separately, which are arranged by the purchaser, under a separate contract, the Bank shall be satisfied that the services are supplied from Eligible Member Countries.

List of Eligible Countries6. List of Eligible countries can be found in African Development Bank’s website:

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Eligible Countries

Ineligible Countries in reference to ITB 4.8 and ITB 5.1

7. In reference to ITB 4.8 and ITB 5.1, for the information of the Bidders, at the present time firms, goods and services from the following countries are excluded from this Bidding process:

Under ITB 4.8(a) and ITB 5.1: [insert a list of the countries following approval by the Bank to apply the restriction or state “none”].

Under ITB 4.8(b) and ITB 5.1: [insert a list of the countries following approval by the Bank to apply the restriction or state “none”]

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Section IX – Special Conditions of Contract

Section IX - Special Conditions of ContractThe following Special Conditions of Contract (SCC) shall supplement and / or amend the General Conditions of Contract (GCC). Whenever there is a conflict, the provisions herein shall prevail over those in the GCC.

[The Purchaser shall select insert the appropriate wording using the samples below or other acceptable wording, and delete the text in italics]

GCC 1.1 (a) The Financing Institution is [Insert complete legal name of the Financing Institution such as that of ADB, ADF, NTF, etc. as applicable]

GCC 1.1 (b) The Borrower is [Insert complete legal name of the Borrower]

GCC 1.1(o) The Purchaser’s Country is: [insert name of the Purchaser’s Country]

GCC 1.1(p) The Purchaser is: [Insert complete legal name of the Purchaser]

GCC 1.1 (u) The Project Site(s)/Final Destination(s) is/are: [Insert name(s) and detailed information on the location(s) of the site(s)]

GCC 4.2 (a) The meaning of the trade terms shall be as prescribed by Incoterms. If the meaning of any trade term and the rights and obligations of the parties thereunder shall not be as prescribed by Incoterms, they shall be as prescribed by: [exceptional; refer to other internationally accepted trade terms]

GCC 4.2 (b) The version edition of Incoterms shall be [insert date of current edition]

GCC 5.1 The language shall be: [insert the name of the language]

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GCC 6.1 A minor member of the JV having participation in the JV of -----% of the value of the Contract [specify a percentage pursuant to provision made under BDS of ITB 4.1 (a)], is excluded from joint and several liability: Yes ------No------If “Yes” specify the following: i) Name and Address of the minor member is------------ andii) All other members shall remain jointly and severally liable for the fulfilment of all provisions of the entire Contract[Delete, entire text above if no such exception for a minor member was provided under BDS of ITB 4.1 (a)]

GCC 6.1 Maximum numbers of members in the Joint Venture, Consortium or Association (JV) shall not exceed------------[specify a number pursuant to BDS of ITB 4.1 (c).

GCC 6.1 Minimum share of a member of Joint Venture, Consortium or Association (JV) in the contract shall not be less than-----% percent of the total value of the contract. [Specify a percent number pursuant to BDS of ITB 4.1 (d)]

GCC 8.1 For notices, the Purchaser’s address shall be:Attention: [ insert full name of person, if applicable]Street Address: [insert street address and number]Floor/ Room number: [insert floor and room number, if applicable]City: [insert name of city or town]ZIP Code: [insert postal ZIP code, if applicable]Country: [insert name of country]Telephone: [include telephone number, including country and city codes]Facsimile number: [insert facsimile number, including country and city codes]Electronic mail address: [insert e-mail address, if applicable]

GCC 9.1 The governing law shall be the law of: [insert name of the country or state]

GCC 10.2 The rules of procedure for arbitration proceedings pursuant to GCC Clause 10.2 shall be as follows:[The bidding document should contain one clause to be retained in the event of a Contract with a foreign Supplier and one clause to be retained in the event of a Contract with a Supplier who is a national of the Purchaser’s

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Country. At the time of finalizing the Contract, the respective applicable clause should be retained in the Contract. The following explanatory note should therefore be inserted as a header to GCC 10.2 in the bidding document.“Clause 10.2 (a) shall be retained in the case of a Contract with a foreign Supplier and clause 10.2 (b) shall be retained in the case of a Contract with a national of the Purchaser’s Country.”]

(a) Contract with foreign Supplier:[For contracts entered into with foreign suppliers, International commercial arbitration may have practical advantages over other dispute settlement methods. The Bank should not be named as arbitrator, nor should it be asked to name an arbitrator. Among the rules to govern the arbitration proceedings, the Purchaser may wish to consider the United Nations Commission on International Trade Law (UNCITRAL) Arbitration Rules of 1976, the Rules of Conciliation and Arbitration of the International Chamber of Commerce (ICC), the Rules of the London Court of International Arbitration or the Rules of Arbitration Institute of the Stockholm Chamber of Commerce.]If the Purchaser chooses the UNCITRAL Arbitration Rules, the following sample clause should be inserted:GCC 10.2 (a)—Any dispute, controversy or claim arising out of or relating to this Contract, or breach, termination or invalidity thereof, shall be settled by arbitration in accordance with the UNCITRAL Arbitration Rules as at present in force.If the Purchaser chooses the Rules of ICC, the following sample clause should be inserted:GCC 10.2 (a)—All disputes arising in connection with the present Contract shall be finally settled under the Rules of Conciliation and Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with said Rules.If the Purchaser chooses the Rules of Arbitration Institute of Stockholm Chamber of Commerce, the following sample clause should be inserted:GCC 10.2 (a)—Any dispute, controversy or claim arising out of or in connection with this Contract, or

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the breach termination or invalidity thereof, shall be settled by arbitration in accordance with the Rules of the Arbitration Institute of the Stockholm Chamber of Commerce.If the Purchaser chooses the Rules of the London Court of International Arbitration, the following clause should be inserted:GCC 10.2 (a)—Any dispute arising out of or in connection with this Contract, including any question regarding its existence, validity or termination shall be referred to and finally resolved by arbitration under the Rules of the London Court of International Arbitration, which rules are deemed to be incorporated by reference to this clause.

(b) Contracts with Supplier national of the Purchaser’s Country:In the case of a dispute between the Purchaser and a Supplier who is a national of the Purchaser’s Country, the dispute shall be referred to adjudication or arbitration in accordance with the laws of the Purchaser’s Country.

GCC 13.1 Details of Shipping and other Documents to be furnished by the Supplier are [insert the required documents, such as a negotiable bill of lading, a non-negotiable sea way bill, an airway bill, a railway consignment note, a road consignment note, insurance certificate, Manufacturer’s or Supplier’s warranty certificate, inspection certificate issued by nominated inspection agency, Supplier’s factory shipping details etc.].The above documents shall be received by the Purchaser before arrival of the Goods and, if not received, the Supplier will be responsible for any consequent expenses.

GCC 15.1 The prices charged for the Goods supplied and the related Services performed [insert “shall” or “shall not,” as appropriate] be adjustable.If prices are adjustable, the following method shall be used to calculate the price adjustment [see attachment to these SCC for a sample Price Adjustment Formula]

GCC 16.1 Sample provisionGCC 16.1—The method and conditions of payment to be made to the Supplier under this Contract shall be as follows:Payment for Goods supplied from abroad:Payment of foreign currency portion shall be made in (

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) [currency of the Contract Price] in the following manner:

(i) Advance Payment: Ten (10) percent of the Contract Price shall be paid within thirty (30) days of signing of the Contract, and upon submission of claim and a bank guarantee for equivalent amount valid until the Goods are delivered and in the form provided in the bidding document or another form acceptable to the Purchaser.

(ii) On Shipment: Eighty (80) percent of the Contract Price of the Goods shipped shall be paid through irrevocable confirmed letter of credit opened in favor of the Supplier in a bank in its country, upon submission of documents specified in GCC Clause 13.

(iii) On Acceptance: Ten (10) percent of the Contract Price of Goods received shall be paid within thirty (30) days of receipt of the Goods upon submission of claim supported by the acceptance certificate issued by the Purchaser.

Payment of local currency portion shall be made in [currency] within thirty (30) days of presentation of claim supported by a certificate from the Purchaser declaring that the Goods have been delivered and that all other contracted Services have been performed.Payment for Goods and Services supplied from within the Purchaser’s Country:Payment for Goods and Services supplied from within the Purchaser’s Country shall be made in _____ [currency], as follows:

(i) Advance Payment: Ten (10) percent of the Contract Price shall be paid within thirty (30) days of signing of the Contract against a simple receipt and a bank guarantee for the equivalent amount and in the form provided in the bidding document or another form acceptable to the Purchaser.

(ii) On Delivery: Eighty (80) percent of the Contract Price shall be paid on receipt of the Goods and upon submission of the documents specified in GCC Clause 13.

(iii) On Acceptance: The remaining ten (10) percent of the Contract Price shall be paid to the Supplier within thirty (30) days after the date of the acceptance certificate for the respective delivery

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issued by the Purchaser.GCC 16.5 The payment-delay period after which the Purchaser shall

pay interest to the supplier shall be [insert number] days.The interest rate that shall be applied is [insert number] %

GCC 18.1 A Performance Security [ insert “shall” or “shall not” be required][If a Performance Security is required, insert “the amount of the Performance Security shall be: [insert amount] [The amount of the Performance Security is usually expressed as a percentage of the Contract Price. The percentage varies according to the Purchaser’s perceived risk and impact of non performance by the Supplier. A 10% percentage is used under normal circumstances]

GCC 18.3 If required, the Performance Security shall be in the form of: [insert “a Demand Guarantee” or ” a Performance Bond”]If required, the Performance security shall be denominated in [insert “a freely convertible currency acceptable to the Purchaser” or “ the currencies of payment of the Contract, in accordance with their portions of the Contract Price”]

GCC 18.4 Discharge of the Performance Security shall take place: [ insert date if different from the one indicated in sub clause GCC 18.4]

GCC 23.2 The packing, marking and documentation within and outside the packages shall be: [insert in detail the type of packing required, the markings in the packing and all documentation required]

GCC 24.1 The insurance coverage shall be as specified in the Incoterms.If not in accordance with Incoterms, insurance shall be as follows:[insert specific insurance provisions agreed upon, including coverage, currency and amount]

GCC 25.1 Responsibility for transportation of the Goods shall be as specified in the Incoterms. If not in accordance with Incoterms, responsibility for transportations shall be as follows: [insert “The Supplier is required under the Contract to transport the Goods to a specified place of final destination within the Purchaser’s Country, defined as the Project Site, transport to such place of destination in the Purchaser’s Country, including insurance and storage, as shall be specified in the Contract, shall be arranged by the Supplier, and related

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costs shall be included in the Contract Price”; or any other agreed upon trade terms (specify the respective responsibilities of the Purchaser and the Supplier)]

GCC 25.2 Related services to be provided are:[Selected services covered under GCC Clause 25.2 and/or other should be specified with the desired features. The price quoted in the Bid price or agreed with the selected Supplier shall be included in the Contract Price.]

GCC 26.1 The inspections and tests shall be: [insert nature, frequency, procedures for carrying out the inspections and tests]

GCC 26.2 The Inspections and tests shall be conducted at: [insert name(s) of location(s)]

GCC 27.1 The liquidated damage shall be: [insert number] % per week [Normally 0.5% per week of delay]

GCC 27.1 The maximum amount of liquidated damages shall be: [insert number] %[Normally 10% of the contract amount]

GCC 28.3 The period of validity of the Warranty shall be: [insert number] days For purposes of the Warranty, the place(s) of final destination(s) shall be:[insert name(s) of location(s)]Sample provisionGCC 28.3—In partial modification of the provisions, the warranty period shall be _____ hours of operation or _____ months from date of acceptance of the Goods or (_____) months from the date of shipment, whichever occurs earlier. The Supplier shall, in addition, comply with the performance and/or consumption guarantees specified under the Contract. If, for reasons attributable to the Supplier, these guarantees are not attained in whole or in part, the Supplier shall, at its discretion, either:(a) make such changes, modifications, and/or additions to

the Goods or any part thereof as may be necessary in order to attain the contractual guarantees specified in the Contract at its own cost and expense and to carry out further performance tests in accordance with GCC 26.7,or

(b) pay liquidated damages to the Purchaser with respect to the failure to meet the contractual guarantees. The

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rate of these liquidated damages shall be (______).[The rate should be higher than the adjustment rate used in the Bid evaluation under ITB 35.5 (f)]

GCC 28.5 & 28.6

The period for repair or replacement shall be: [insert number(s)] days.

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Attachment: Price Adjustment FormulaIf in accordance with GCC 15.1, prices shall be adjustable, the following method shall be used to calculate the price adjustment:

15.1 Prices payable to the Supplier, as stated in the Contract, shall be subject to adjustment during performance of the Contract to reflect changes in the cost of labor and material components in accordance with the formula:

P1 = P0 [a + bL1 + cM1] - P0

a+b+c = 1

in which:

P1 = adjustment amount.P0 = Contract Price (base price).a = fixed element representing profits and overheads

included in the Contract Price and generally in the range of five (5) to fifteen (15) percent.

b = estimated percentage of labor component in the Contract Price.

c = estimated percentage of material component in the Contract Price.

L0, L1 = *labor indices applicable to the appropriate industry in the country of origin on the base date and date for adjustment, respectively.

M0, M1 = *material indices for the major raw material on the base date and date for adjustment, respectively, in the country of origin.

The Bidder shall indicate the source of the indices and the base date indices in its Bid.The coefficients a, b, and c as specified by the Purchaser are as follows:

a = [insert value of coefficient] b= [insert value of coefficient]c= [insert value of coefficient]

Base date = thirty (30) days prior to the deadline for submission of the Bids.

Date of adjustment = [insert number of weeks] weeks prior to date of shipment (representing the mid-point of the period of manufacture).

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The above price adjustment formula shall be invoked by either party subject to the following further conditions:

(a) No price adjustment shall be allowed beyond the original delivery dates. As a rule, no price adjustment shall be allowed for periods of delay for which the Supplier is entirely responsible. The Purchaser will, however, be entitled to any decrease in the prices of the Goods and Services subject to adjustment.

(b) If the currency in which the Contract Price P0 is expressed is different from the currency of origin of the labor and material indices, a correction factor will be applied to avoid incorrect adjustments of the Contract Price. The correction factor shall be: Z0 / Z1, where,

Z0 = the number of units of currency of the origin of the indices which equal to one unit of the currency of the Contract Price P0 on the Base date, and

Z1 = the number of units of currency of the origin of the indices which equal to one unit of the currency of the Contract Price P0 on the Date of Adjustment.

(c) No price adjustment shall be payable on the portion of the Contract Price paid to the Supplier as advance payment.

Section X - Contract Forms

Table of Forms

Notification of Intention to Award...........................................................176

Beneficial Ownership Disclosure Form....................................................180

Letter of Acceptance...............................................................................183

Contract Agreement................................................................................184

Performance Security..............................................................................186

Option 2: Performance Bond...................................................................188

Advance Payment Security.....................................................................190

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Notification of Intention to Award[This Notification of Intention to Award shall be sent to each Bidder that submitted a Bid, unless the Bidder has previously received notice of exclusion from the process at an interim stage of the procurement process]

[Send this Notification to the Bidder’s Authorized Representative named in the Bidder Information Form]

For the attention of Bidder’s Authorized Representative Name: [insert Authorized Representative’s name]Address: [insert Authorized Representative’s Address]Telephone/Fax numbers: [insert Authorized Representative’s telephone/fax numbers]Email Address: [insert Authorized Representative’s email address]

[IMPORTANT: insert the date that this Notification is transmitted to Bidders. The Notification must be sent to all Bidders simultaneously. This means on the same date and as close to the same time as possible.]

DATE OF TRANSMISSION: This Notification is sent by: [email/fax] on [date] (local time)

______________________________________________________________

Notification of Intention to AwardPurchaser: [insert the name of the Purchaser]Project: [insert name of project]Contract title: [insert the name of the contract]Country: [insert country where IFB is issued]Loan No. /Credit No. / Grant No.: [insert reference number for loan/credit/grant]OCBI No: [insert OCBI reference number from Procurement Plan]

This Notification of Intention to Award (Notification) notifies you of our decision to award the above contract. The transmission of this Notification begins the Standstill Period. During the Standstill Period you may:

a) request a debriefing in relation to the evaluation of your Bid, and/or

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b) submit a Procurement-related Complaint in relation to the decision to award the contract.

1.The successful Bidder

Name: [insert name of successful Bidder]

Address: [insert address of the successful Bidder]

Contract price: [insert contract price of the successful Bid]

2.Other Bidders [INSTRUCTIONS: insert names of all Bidders that submitted a Bid. If the Bid’s price was evaluated include the evaluated price as well as the Bid price as read out.]

Name of Bidder Bid priceEvaluated Bid

price (if applicable)

[insert name] [insert Bid price]

[insert evaluated price]

[insert name] [insert Bid price]

[insert evaluated price]

[insert name] [insert Bid price]

[insert evaluated price]

[insert name] [insert Bid price]

[insert evaluated price]

[insert name] [insert Bid price]

[insert evaluated price]

3.Reason/s why your Bid was unsuccessful

[INSTRUCTIONS: State the reason/s why this Bidder’s Bid was unsuccessful. Do NOT include: (a) a point by point comparison with another Bidder’s Bid or (b) information that is marked confidential by the Bidder in its Bid.]

4.How to request a debriefing

DEADLINE: The deadline to request a debriefing expires at midnight on [insert date] (local time).You may request a debriefing in relation to the results of the evaluation of your Bid. If you decide to request a debriefing your written request must be made within three (3) Business Days of receipt of this Notification of Intention to Award.

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Provide the contract name, reference number, name of the Bidder, contact details; and address the request for debriefing as follows:

Attention: [insert full name of person, if applicable]Title/position: [insert title/position]Agency: [insert name of Purchaser]Email address: [insert email address]Fax number: [insert fax number] delete if not used

If your request for a debriefing is received within the 3 Business Days deadline, we will provide the debriefing within five (5) Business Days of receipt of your request. If we are unable to provide the debriefing within this period, the Standstill Period shall be extended by five (5) Business Days after the date that the debriefing is provided. If this happens, we will notify you and confirm the date that the extended Standstill Period will end. The debriefing may be in writing, by phone, video conference call or in person. We shall promptly advise you in writing how the debriefing will take place and confirm the date and time.If the deadline to request a debriefing has expired, you may still request a debriefing. In this case, we will provide the debriefing as soon as practicable, and normally no later than fifteen (15) Business Days from the date of publication of the Contract Award Notice.

5.How to make a complaint

Period: Procurement-related Complaint challenging the decision to award shall be submitted by midnight, [insert date] (local time). Provide the contract name, reference number, name of the Bidder, contact details; and address the Procurement-related Complaint as follows:

Attention: [insert full name of person, if applicable]Title/position: [insert title/position]Agency: [insert name of Purchaser]Email address: [insert email address]Fax number: [insert fax number] delete if not used

At this point in the procurement process, you may submit a Procurement-related Complaint challenging the decision to award the contract. You do not need to have requested, or received, a debriefing before making this complaint. Your complaint must be submitted within the Standstill Period and received by us before the Standstill Period ends.

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Further information:For more information see the Bank’s Procurement Framework.In summary, there are four essential requirements:

1. You must be an ‘interested party’. In this case, that means a Bidder who submitted a Bid in this bidding process, and is the recipient of a Notification of Intention to Award.

2. The complaint can only challenge the decision to award the contract.

3. You must submit the complaint within the period stated above.

4. You must include, in your complaint, all of the information required by the Procurement Framework

6.Standstill Period

DEADLINE: The Standstill Period is due to end at midnight on [insert date] (local time).The Standstill Period lasts ten (10) Business Days after the date of transmission of this Notification of Intention to Award. The Standstill Period may be extended as stated in Section 4 above.

If you have any questions regarding this Notification please do not hesitate to contact us.

On behalf of the Purchaser:

Signature: ______________________________________________

Name: ______________________________________________

Title/position:

______________________________________________

Telephone: ______________________________________________

Email: ______________________________________________

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Beneficial Ownership Disclosure Form

OCBI/LCB No.: [insert number as per procurement plan]Invitation for Bid No.: [insert identification]

To: [insert complete name of Purchaser]

In response to your request in the Letter of Acceptance dated [insert date of letter of Acceptance] to furnish additional information on beneficial ownership: [select one option as applicable and delete the options that are not applicable]

(i) we hereby provide the following beneficial ownership information.

Details of beneficial ownership

Identity of Beneficial Owner

Directly or indirectly holding 25% or more of the shares(Yes / No)

Directly or indirectly holding 25 % or more of the Voting Rights(Yes / No)

Directly or indirectly having the right to appoint a majority of the board of the directors or an equivalent governing body of the Bidder

INSTRUCTIONS TO BIDDERS: DELETE THIS BOX ONCE YOU HAVE COMPLETED THE FORM

This Beneficial Ownership Disclosure Form (“Form”) is to be completed by the successful Bidder. In case of joint venture, the Bidder must submit a separate Form for each member. The beneficial ownership information to be submitted in this Form shall be current as of the date of its submission.

For the purposes of this Form, a Beneficial Owner of a Bidder is any natural person who ultimately owns or controls the Bidder by meeting one or more of the following conditions:

directly or indirectly holding 25% or more of the shares directly or indirectly holding 25% or more of the voting rights directly or indirectly having the right to appoint a majority of the

board of directors or equivalent governing body of the Bidder

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(Yes / No)[include full name (last, middle, first), nationality, country of residence]

OR

(ii) We declare that there is no Beneficial Owner meeting one or more of the following conditions:

directly or indirectly holding 25% or more of the shares directly or indirectly holding 25% or more of the voting rights directly or indirectly having the right to appoint a majority of the

board of directors or equivalent governing body of the Bidder

OR

(iii) We declare that we are unable to identify any Beneficial Owner meeting one or more of the following conditions. [If this option is selected, the Bidder shall provide explanation on why it is unable to identify any Beneficial Owner]

directly or indirectly holding 25% or more of the shares directly or indirectly holding 25% or more of the voting rights directly or indirectly having the right to appoint a majority of the

board of directors or equivalent governing body of the Bidder]”

Name of the Bidder: *[insert complete name of the Bidder]Name of the person duly authorized to sign the Bid on behalf of the Bidder: **[insert complete name of person duly authorized to sign the Bid]Title of the person signing the Bid: [insert complete title of the person signing the Bid]Signature of the person named above: [insert signature of person whose name and capacity are shown above]

Date signed [insert date of signing] day of [insert month], [insert year]

* In the case of the Bid submitted by a Joint Venture specify the name of the Joint Venture as Bidder. In the event that the Bidder is a joint venture, each reference to “Bidder” in the Beneficial Ownership Disclosure Form

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(including this Introduction thereto) shall be read to refer to the joint venture member.

** Person signing the Bid shall have the power of attorney given by the Bidder. The power of attorney shall be attached with the Bid Schedules.

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Letter of Acceptance[letterhead paper of the Purchaser]

[date]To: [name and address of the Supplier]

Subject: Notification of award Contract No. . . . . . . . . . .

This is to notify you that your Bid dated . . . . [insert date] . . . . for execution of the . . . . . . . . [insert name of the contract and identification number, as given in the SCC] . . . . . . . . . . for the Accepted Contract Amount of . . . . . . . . . [insert amount in numbers and words and name of currency], as corrected and modified in accordance with the Instructions to Bidders is hereby accepted by our Agency.

You are requested to furnish (i) the Performance Security within 28 days in accordance with the Conditions of Contract, using for that purpose one of the Performance Security Forms and (ii) the additional information on beneficial ownership in accordance with BDS ITB 48.1 within eight (8) Business days using the Beneficial Ownership Disclosure Form, included in Section X, - Contract Forms, of the Bidding Document.

Authorized Signature:

Name and Title of Signatory:

Name of Agency:

Attachment: Contract Agreement

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Contract Agreement[The successful Bidder shall fill in this form in accordance with the instructions indicated]

THIS AGREEMENT made the [ insert: number] day of [ insert: month], [ insert: year].BETWEEN(1) [insert complete name of Purchaser], a [ insert description of

type of legal entity, for example, an agency of the Ministry of .... of the Government of {insert name of Country of Purchaser}, or corporation incorporated under the laws of {insert name of Country of Purchaser}] and having its principal place of business at [ insert address of Purchaser] (hereinafter called “the Purchaser”), of the one part, and

(2) [insert name of Supplier], a corporation incorporated under the laws of [insert: country of Supplier] and having its principal place of business at [insert: address of Supplier] (hereinafter called “the Supplier”), of the other part:

WHEREAS the Purchaser invited Bids for certain Goods and ancillary services, viz., [insert brief description of Goods and Services] and has accepted a Bid by the Supplier for the supply of those Goods and Services

The Purchaser and the Supplier agree as follows:

1. In this Agreement words and expressions shall have the same meanings as are respectively assigned to them in the Contract documents referred to.

2. The following documents shall be deemed to form and be read and construed as part of this Agreement. This Agreement shall prevail over all other contract documents.

(a) the Letter of Acceptance(b) Letter of Bid - Technical Part (c) Letter of Bid - Financial Part (d) the Addenda Nos._____ (if any) (e) Special Conditions of Contract(f) General Conditions of Contract(g) the Specification (including Schedule of Requirements and

Technical Specifications)

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(h) the drawings(i) the completed Schedules (including Price Schedules) (j) any other document listed in GCC as forming part of the

Contract 3. In consideration of the payments to be made by the Purchaser to

the Supplier as specified in this Agreement, the Supplier hereby covenants with the Purchaser to provide the Goods and Services and to remedy defects therein in conformity in all respects with the provisions of the Contract.

4. The Purchaser hereby covenants to pay the Supplier in consideration of the provision of the Goods and Services and the remedying of defects therein, the Contract Price or such other sum as may become payable under the provisions of the Contract at the times and in the manner prescribed by the Contract.

IN WITNESS whereof the parties hereto have caused this Agreement to be executed in accordance with the laws of [insert the name of the Contract governing law country] on the day, month and year indicated above.

For and on behalf of the Purchaser:

Signed: [insert signature]

in the capacity of [insert title or other appropriate designation]

in the presence of [insert identification of official witness]

For and on behalf of the Supplier:

Signed: [insert signature of authorized representative(s) of the Supplier]

in the capacity of [insert title or other appropriate designation]

in the presence of [insert identification of official witness]

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Performance Security Option 1: (Bank Guarantee)

[The bank, as requested by the successful Bidder, shall fill in this form in accordance with the instructions indicated]

[Guarantor letterhead or SWIFT identifier code]

Beneficiary: [insert name and Address of Purchaser]

Date: [Insert date of issue]

PERFORMANCE GUARANTEE No.: [Insert guarantee reference number]

Guarantor: [Insert name and address of place of issue, unless indicated in the letterhead]

We have been informed that [insert name of Supplier, which in the case of a joint venture shall be the name of the joint venture] (hereinafter called "the Applicant") has entered into Contract No. [insert reference number of the contract] dated [insert date] with the Beneficiary, for the supply of [insert name of contract and brief description of Goods and related Services] (hereinafter called "the Contract").

Furthermore, we understand that, according to the conditions of the Contract, a performance guarantee is required.

At the request of the Applicant to issue this guarantee, we as Guarantor, hereby irrevocably undertake to pay the Beneficiary any sum or sums not exceeding in total an amount of [insert amount in figures] ( _____ ) [insert amount in words],1 such sum being payable in the types and proportions of currencies in which the Contract Price is payable, upon receipt by us of the Beneficiary’s complying demand supported by the Beneficiary’s statement, whether in the demand itself or in a separate signed document accompanying or identifying the demand, stating that the Applicant is in breach of its obligation(s) under the Contract, without the Beneficiary needing to prove or to show grounds for your demand or the sum specified therein.

1 1The Guarantor shall insert an amount representing the percentage of the Accepted Contract Amount specified in the Letter of Acceptance, and denominated either in the currency (ies) of the Contract or a freely convertible currency acceptable to the Beneficiary.

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This guarantee shall expire, no later than the …. Day of ……, 2…2, and any demand for payment under it must be received by us at this office indicated above on or before that date.

This guarantee is subject to the Uniform Rules for Demand Guarantees (URDG) 2010 Revision, ICC Publication No. 758, except that the supporting statement under Article 15(a) is hereby excluded.

_____________________ [signature(s)]

Note: All italicized text (including footnotes) is for use in preparing this form and shall be deleted from the final product.

2 2Insert the date twenty-eight days after the expected completion date as described in GC Clause 18.4. The Purchaser should note that in the event of an extension of this date for completion of the Contract, the Purchaser would need to request an extension of this guarantee from the Guarantor. Such request must be in writing and must be made prior to the expiration date established in the guarantee. In preparing this guarantee, the Purchaser might consider adding the following text to the form, at the end of the penultimate paragraph: “The Guarantor agrees to a one-time extension of this guarantee for a period not to exceed [six months] [one year], in response to the Beneficiary’s written request for such extension, such request to be presented to the Guarantor before the expiry of the guarantee.”

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Option 2: Performance Bond

By this Bond [insert name of Principal] as Principal (hereinafter called “the Supplier”) and [insert name of Surety] as Surety (hereinafter called “the Surety”), are held and firmly bound unto [insert name of Purchaser] as Obligee (hereinafter called “the Purchaser”) in the amount of [insert amount in words and figures] specified as the penal sum of this Bond, for the payment of which sum well and truly to be made in the types and proportions of currencies in which the Contract Price is payable, the Supplier and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS the Supplier has entered into a written Agreement with the Purchaser dated the day of , 20 , for [name of contract and brief description of Goods and related Services] in accordance with the documents, plans, specifications, and amendments thereto, which to the extent herein provided for, are by reference made part hereof and are hereinafter referred to as the Contract.

NOW, THEREFORE, the Condition of this Obligation is such that, if the Supplier shall promptly and faithfully perform the said Contract (including any amendments thereto), then this obligation shall be null and void; otherwise, it shall remain in full force and effect. Whenever the Supplier shall be, and declared by the Purchaser to be, in default under the Contract, the Purchaser having performed the Purchaser’s obligations thereunder, the Surety may promptly remedy the default, or shall promptly:

(1) complete the Contract in accordance with its terms and conditions; or

(2) obtain a Bid or Bids from qualified Bidders for submission to the Purchaser for completing the Contract in accordance with its terms and conditions, and upon determination by the Purchaser and the Surety of the lowest responsive Bidder, arrange for a Contract between such Bidder and Purchaser and make available as supply progresses (even though there should be a default or a succession of defaults under the Contract or Contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the Balance of the Contract Price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the specified penal sum set forth in the first paragraph hereof. The term “Balance of the Contract Price,” as used in this paragraph, shall mean the total amount

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payable by Purchaser to Supplier under the Contract, less the amount properly paid by Purchaser to Supplier; or

(3) pay the Purchaser the amount required by Purchaser to complete the Contract in accordance with its terms and conditions up to a total not exceeding the specified penal sum of this Bond.

The Surety shall not be liable for a greater sum than the specified penal sum of this Bond.

Any suit under this Bond must be instituted before the expiration of one year from the date of completion of the contract.

No right of action shall accrue on this Bond to or for the use of any person or corporation other than the Purchaser named herein or the heirs, executors, administrators, successors, and assigns of the Purchaser.

In testimony whereof, the Supplier has hereunto set his hand and affixed his seal, and the Surety has caused these presents to be sealed with his corporate seal duly attested by the signature of his legal representative, this ______day of ___ 20 .

SIGNED ON on behalf of ____________________________________

By in the capacity of ___________________________

In the presence of___________________________________________________________________

SIGNED ON on behalf of ____________________________________

By in the capacity of ___________________________

In the presence of - ___________________________________________________________________

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Advance Payment Security [Guarantor letterhead or SWIFT identifier code]

Beneficiary: [Insert name and Address of Purchaser]

Date: [Insert date of issue]

ADVANCE PAYMENT GUARANTEE No.: [Insert guarantee reference number]

Guarantor: [Insert name and address of place of issue, unless indicated in the letterhead]

We have been informed that [insert name of Supplier, which in the case of a joint venture shall be the name of the joint venture] (hereinafter called “the Applicant”) has entered into Contract No. [insert reference number of the contract] dated [insert date] with the Beneficiary, for the execution of [insert name of contract and brief description of Goods and related Services] (hereinafter called "the Contract").

Furthermore, we understand that, according to the conditions of the Contract, an advance payment in the sum [insert amount in figures] () [insert amount in words] is to be made against an advance payment guarantee.

At the request of the Applicant to issue this guarantee, we as Guarantor, hereby irrevocably undertake to pay the Beneficiary any sum or sums not exceeding in total an amount of [insert amount in figures] ( ) [insert amount in words]1 upon receipt by us of the Beneficiary’s complying demand supported by the Beneficiary’s statement, whether in the demand itself or in a separate signed document accompanying or identifying the demand, stating either that the Applicant:

(a) has used the advance payment for purposes other than toward delivery of Goods; or

(b) has failed to repay the advance payment in accordance with the Contract conditions, specifying the amount which the Applicant has failed to repay.

1 1The Guarantor shall insert an amount representing the amount of the advance payment and denominated either in the currency(ies) of the advance payment as specified in the Contract, or in a freely convertible currency acceptable to the Purchaser.

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Section IX – Special Conditions of Contract

A demand under this guarantee may be presented as from the presentation to the Guarantor of a certificate from the Beneficiary’s bank stating that the advance payment referred to above has been credited to the Applicant on its account number [insert number] at [insert name and address of Applicant’s bank].

The maximum amount of this guarantee shall be progressively reduced by the amount of the advance payment repaid by the Applicant as specified in copies of interim statements or payment certificates which shall be presented to us. This guarantee shall expire, at the latest, upon our receipt of a copy of the interim payment certificate indicating that ninety (90) percent of the Accepted Contract Amount, has been certified for payment, or on the [insert day] day of [insert month], 2 [insert year], whichever is earlier. Consequently, any demand for payment under this guarantee must be received by us at this office on or before that date.

This guarantee is subject to the Uniform Rules for Demand Guarantees (URDG) 2010 Revision, ICC Publication No.758, except that the supporting statement under Article 15(a) is hereby excluded.

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Note: All italicized text (including footnotes) is for use in preparing this form and shall be deleted from the final product.